We rely on our vehicles for safe transportation. Sometimes, a product within the vehicle, such as brakes or airbags, will not function properly, and the manufacturer will issue a recall. Some recalls are minor, while others are for defects capable of causing serious injuries. The National Highway Traffic and Safety Administration keeps a full list of vehicle recalls, so check to see if yours is safe to drive.
Automotive defects fall under the legal concept of product liability, which holds that everyone involved in the manufacture, distribution, and retailing of a product has an obligation to inform the consumer about proper use, warn of the risks, and maintain the safety and efficacy of the product itself. If they fail in this duty of care, it’s called negligence, which forms the framework for a personal injury claim. The Billings auto defect attorneys at Ragain & Cook, P.C. can help walk you through your case.
Types of Automotive Defects
There are several types of automotive defects. These are the most common:
- Airbag failure. The massive Takata airbag recall taught us just how dangerous it can be when our airbags fail. An airbag defect can cause the unit to fail to deploy, or deploy incorrectly. In the case of the Takata failure, airbags deployed incorrectly, sometimes sending shards of metal into the driver. In cases like this, you may be able to join a mass tort lawsuit.
- Seat belt failure. We know how important seat belts are in minimizing injuries in case of accident. When seat belts fail, injuries are often fatal or catastrophic. A seat belt may fail as the result of a defect, or an inherent flaw in the design of the product.
- Rollover accidents. Some vehicles are more prone to rollover than others, specifically those with a higher center of gravity, such as SUVs or ATVs. When vehicles don’t go through proper crash and simulation testing, manufacturers may negligently put a rollover-prone vehicle on the market.
Reasons for Auto Defects: Who Is Liable?
One of the most important aspects of litigating an auto defect case is determining who committed negligence. Anyone involved in the distribution, retail, or manufacture of a vehicle or its parts may be to blame. Your auto defect personal injury claim will likely involve one of the following possible defendants:
- The manufacturer. Generally, this is the party responsible for inherent flaws in the design of a vehicle leading to injury. While this is a large company that has the money to compensate you for your injuries, they also have the means to defend with their own lawyers.
- Parts manufacturer. If you replace your tires unknowingly with a model prone to blowouts, you would pursue a personal injury claim against the parts manufacturer. If your vehicle comes installed with a defective part, you may be able to file a claim against both the vehicle manufacturer and the parts manufacturer.
- The shipper. If something happened to your car while it was in transit to the dealership, the middleman may be liable for damages.
- The retailer. A used car dealership, auto dealership, or supply store may be liable for your injuries, if they failed to adequately warn you of the risks associated with buying a part or vehicle. Laws regarding dealership and shop owner liability vary by municipality, so consult with your attorney.
Finding An Auto Defect Attorney in Montana
Product liability cases, such as those involving auto defects, are complex to litigate and have many moving parts. It’s essential to retain the services of a law firm that has knowledge and experience with these types of cases. Ragain & Cook, P.C. has successfully litigated personal injury cases, including auto defects, for more than 40 years.
Your personal injury case begins with a free case evaluation. To schedule yours today, please contact us.