Consumers use countless numbers of products every single day. Whether we’re jumping into the seat of our car or motorcycle, turning on a kitchen appliance, consuming food, or taking medications, we assume the manufacturers have conducted safety inspections and the necessary tests needed to ensure safety. We have faith the instructions we follow and warnings listed are complete and satisfactory. When trauma, injury, or death occur because of a product defect, the manufacturer can be held responsible and we, as the consumer, can file personal injury lawsuits or take part in a class action suit.
In the case of motorized vehicles, product recalls occur regularly because a defect, especially one involving safety features, can prove to be deadly. Some of the most common vehicle defects subject to lawsuits include airbags, seatbelts, door latches, tire blowouts, motorcycles that “shake” when driven at high speeds, and roofs crushing too easily. Roll-overs are also well-known problems with sports utility vehicles.
In order to win a lawsuit, you will have to prove the following:
• You were injured or suffered some type of “loss”
• Your vehicle was dangerously designed or had a defect
• The defect or design was the cause of your injury
The last issue is the hardest to prove because the vehicle manufacturer can claim reckless driving caused the accident, not the vehicle or defect. But, winning these types of cases is not impossible.
In some cases you can have both a product liability claim against the manufacturer and a traffic accident claim against the negligent driver. You do not have to choose between the two. When filing claims, you should include every type of legal claim in your case.
If the vehicle manufacturing defect is large enough and it affects many people, victims often come together and file a class action lawsuit. If a group has already been formed, you may have the option to join an existing class action. There are many advantages to joining an existing lawsuit:
• The lawyers already involved in the lawsuit usually have experience with big companies.
• Upfront costs to you are minimal or none.
• You do not need to personally handle complex legal issues, including where to file your claim.
Whether you decide to join an existing lawsuit or file a claim individually, consider consulting one of the experienced lawyers at Eason & Tambornini. Legal and mechanical issues in defective vehicle cases can be complex and technical. We will help you sort through your options and give you the best possible options for your case.
