Responsible and competent auto manufacturers take the necessary time and invest the necessary amount of money to ensure their products are safe. They also provide needed warnings and clear instructions to further product safety. However, when auto manufacturers choose to cut corners and put out unsafe products, they should then be held accountable for all the harms and losses caused by their unsafe products. If you’ve fallen victim to an injury, contact our Bakersfield auto defect lawyers today.
Were you or a family member injured by:
- Tire defects?
- Seat-belt defect or airbag failure?
- Defective children’s car seat?
- Other vehicle failures, such as a roof crushed in a rollover?
What Are Auto Defects?
Motor vehicles contain many different parts that the manufacturer must ensure perform up to a certain standard. If any of these components do not operate in the way that they should, they can cause accidents or lead to injuries to you as the consumer. As a result, you can file a personal injury lawsuit to claim compensation for your injuries against the manufacturer, designer, or any other person in the chain of distribution.
Auto defects can occur in a number of places. Some of the most common auto defects include the brakes, the tires and wheels, and the engines and electrical systems within the motor vehicle. There are three main types of auto defects that determine who you can hold responsible for your injuries.
- If the auto part has an inherent defect in its design, you could hold the designer and the manufacturer liable in your lawsuit. For example, if a seatbelt design does not allow the belt to latch tightly enough, you can file a lawsuit against the manufacturer for not correcting this design.
- If the product’s design does not have any dangerous flaws but an error in manufacturing made the product dangerous, you can hold the manufacturer liable for this defect. For example, if an electrical system within the vehicle has faulty wiring that leads to combustion, you could hold the manufacturer of that vehicle accountable.
- Products, including motor vehicles, must have warnings if there is a part that could lead to injury if the consumer uses the product in a certain way. If you suffer an injury while using the motor vehicle and the object that caused your injury did not come with a proper warning, you could use this lack of warning to file a lawsuit against the manufacturer. However, you may need to prove that you made a reasonable mistake at the time of the injury.
How to Prove a Product Liability Lawsuit
Proving a case of product liability can be difficult alone, especially for automobile defect cases. You will need to provide evidence to support a series of elements that prove that product liability occurred, and you may need to consult with auto-expert witnesses to help support your claims. Hiring an attorney from Rodriguez Law Offices can help you gain access to the resources and legal knowledge you need to successfully prove an auto defect claim.
You and your attorney will work together to satisfy the following four elements.
- First, you will need to establish that the parties you are holding responsible for in your lawsuit owe you a duty of care. All designers, manufacturers, distributors, and retailers owe consumers a duty of care to provide and create defect-free products with adequate warnings. Establishing that the party designed, manufactured, sold, or distributed the product can help you satisfy this element.
- Second, you will need to prove that the product had a defect when it left the at-fault entities’ control. Proving this element will depend on the circumstances of your injury and the type of defective product claim you are filing. For example, approval on a defective design blueprint can help you prove this claim, along with the support of an auto parts expert.
- Third, you will need to establish that you used the product in a manner that a reasonable consumer would have or that the at-fault party could have predicted a reasonable consumer would. The at-fault parties’ main defense may be that you used the product in an obviously dangerous way. You may need to speak to an auto part expert witness to establish this point.
- Finally, you will need to prove that you suffered an injury as a result of the defective design, specific product, or insufficient warning. Your medical records and testimony from an expert witness can help you solidify your claim. Once you have established that the defect led to your injuries, you and your attorney can then provide evidence that proves which damages you are eligible to claim through your lawsuit.
Contact One of Our Defective Car Attorneys
Rodriguez & Associates is conveniently located in downtown Bakersfield, California. We are available for weekend and evening appointments, charge no fee for consultations and speak both English and Spanish. To contact us, please call (661) 777-7575 or 800-585-9262 to schedule a free consultation with one of our Bakersfield auto defect attorneys today.