Most often when a person has been involved in a car accident, if there is a case, it will be a negligence claim aimed at another driver. However, sometimes, there is no person at the scene at fault, because the accident might have been caused by a car defect. In this case, you must prove that a vehicle manufacturer or seller was liable for a faulty product, and that the particular fault directly caused the crash.
This blog will offer a brief overview into car defect injury claims and what must be taken into consideration when bringing a claim.
Strict liability claim
You can make a strict liability claim based on a motor vehicle defect if you can prove that all of the following conditions exist:
- The vehicle had a defect that was the direct cause of injury to you. This defect must be “unreasonably dangerous” and can come into existence through the design, manufacture or shipment of the vehicle.
- This defect caused an injury to you while it was being used in a way that it was intended to be used.
- The vehicle had not been altered in a substantial way from when it was first purchased.
There may be some possible defenses that manufacturers can bring into the courts in any defective products case. For example, they can try to show that you knew about the defect but chose to drive the vehicle anyway. They may also be able to try to prove that contributory or comparative negligence was a factor or cause in the injury.
Source: Find law, “Car defect injury claims,” accessed Aug. 17, 2017