If you have ended up injured in a car accident (or got any other damages) because of a faulty car (or part), you can file a product liability claim to get compensation.
Attorneys are not new to this practice, and over the years some lawsuits included cars or other vehicles that are prone to flipping over or having tires that are prone to tears.
Product liability cases that include defective vehicle or vehicle parts are considered strict liability cases. If the product is defective because of its design or operation and someone was injured because of that, the manufacturer is one hundred percent liable for the injuries and damages of the plaintiff.
To recover compensation for a faulty car you need to show that the faulty part or defective car was the main reason for the accident and your injuries. Your Indiana product liability attorney will help you prepare your lawsuit.
Let’s see some product liability examples.
Product Liability Claim And Motor Vehicles
- Defectively manufactured vehicles or vehicle parts – Such claims involve vehicles or vehicle parts that were poorly constructed. This can be the result of an error at the manufacturing facility where the vehicle or part was made. Sometimes the problem occurs during shipping or at the dealership.
- Vehicles with a dangerous design – Your claim can be based on the fact that the vehicles or parts that even though they were properly manufactured, have a hazardous design that resulted in an accident and injuries. It is not uncommon that such vehicles or vehicle parts were on the market for some time before it was discovered that they were not safe.
Potential Defendants
It is crucial to identify and include in your lawsuit every potential defendant involved in the accident. Make sure to include all participants in the “chain of distribution” of the vehicle or vehicle part that caused the accident.
- Manufacturer – The manufacturer is usually a large company (small companies typically don’t produce cars or trucks). They have more money to repay you for your injuries. Expect them to hire a team of expensive and powerful lawyers to defend them.
- Parts manufacturer – If you got injured because of a defective part, (tires, battery), involve the manufacturer of that part in the lawsuit. A separate lawsuit should be filed if a different company made the piece from the vehicle manufacturer. You have the right to file lawsuits against both companies.
- A car dealership – You can file a lawsuit against the shop that sold you the vehicle or vehicle part.
- Dealer or shipper – You should take legal actions against any company that took part in link of distribution from the manufacturer to the dealership where it was sold.
- Used car dealer – It does not matter if you bought your vehicle or vehicle part from a used car dealer; they were involved in the case, and risk a lawsuit if you were injured while driving (or if someone else drove) their faulty vehicle.
What Type Of Lawsuit Should I File?
If you were involved in a traffic accident and either you or another driver was driving a defective car, you can file both a product liability claim against the manufacturer and a negligent driving claim against the other driver.
The Defective Car Is Not Mine
Even if this vehicle is not yours, you can still file a claim. You might have borrowed the car or drove your company’s car and ended up injured because of the faulty parts or design. Also, if you were injured by a defective vehicle that was ndriven by a person who did not own the car, you can still file a lawsuit.
You have the right to file claims against the manufacturer, the shop, or used car dealership. Besides that, you can file a car accident lawsuit as well.
Getting Compensation for a Faulty Car
The punitive damages tend to expand in cases of vehicle product liability. But, you will have to bring a claim against the seller or manufacturer successfully.
These punitive damages awards should go the plaintiff for their injuries. It can reach up to tens of millions of dollars in some cases. Punitive damages are created to punish vehicle manufacturers and make them fix the defects in their parts or design.
If you or your loved one were injured in an accident that involved a vehicle with faulty parts or design (no matter if you or someone else drove it), you should file a lawsuit.
Call our office and schedule your consultation with our product liability law office.
