What do you mean by automobile defects?
If an automobile has a problem that affects safety and performance of that automobile, the manufacturer should be held liable. Here are some examples of automobile defects:
- Stuck or broken accelerator controls,
- Broken or cracked wheels resulting in loss of control,
- Malfunctioning or failed windshield wipers, and
- Wiring issues resulting in fire or lighting loss.
Automobile defects are not only annoying but they can also result in serious accidents, injuries, and even death.
Traffic crashes are the biggest killer of Americans under 34.
When an automobile has a defect, it should be recalled by the manufacturer for safety. However some manufacturers fail to do so, and even if they do, recalls can have inconveniences of their own.
Each year automobile manufacturers issue about 500 recalls.
When is an automobile defect serious enough for a lawsuit?
Liability in an automobile defect case is controlled by the strict liability doctrine, which means that the automobile manufacturer is liable for damages even if the claimant does not identify the fault. All that the claimant needs to do is to prove that the defendant was responsible, and that the accident or incident occurred.
You can make a strict liability claim if the following conditions exist:
- The automobile manufacturer failed to warn consumers of a dangerous aspect of the vehicle,
- The defect caused an injury even though the automobile was being used how it was intended,
- The vehicle had not been changed substantially.
Example: GM’s ignition switch defect
The installation of faulty ignition switches in several of GM’s car models resulted in numerous incidents and accidents. A series of recalls were launched to resolve the problem. Over 2 million cars have been recalled so far. However, because there are many affected individuals, plaintiffs have filed a class action lawsuit against GM for damages.
How can PCVA help?
If your automobile has a defect, and is subject to a recall then you have certain rights as a consumer that you can act upon. Additionally, if you were injured because of the defect, whether or not the defect had been recalled, then a product liability lawsuit may be appropriate. In both cases, we can help you to receive the compensation that you deserve. Contact us today.