Motor Vehicle Defects - An Overview
Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or manufactured vehicles can be dangerous, and can cause serious injury or death.
Responsibility for Defective Motor Vehicles
The rules on who is responsible for a defective motor vehicle, and what must be proven in court to hold them liable, vary from state to state. In most states, the parties who may held liable include
- The vehicle manufacturer
- The manufacturer of defective component parts (for example, tires, hoses etc.)
- The dealer, if the vehicle was purchased from a dealer
A party may be held liable for several different reasons. The three most common reasons for holding someone liable are breach of warranty, negligence, and strict liability. An experienced products liability attorney will advise you about the rules that apply in your state.
A manufacturer or vehicle dealer (but not an individual not in the vehicle sales business) will be liable for breach of warranty if the vehicle is not fit or safe to be operated as intended. A breach of warranty may occur if there was an error in the design of the vehicle, if a particular vehicle was put together poorly, or if the components installed on the vehicle did not perform properly. However, it is possible for a seller and buyer to disclaim all warranties when purchasing a vehicle. Your attorney can review all of the documents signed at the sale of your vehicle to determine if there is a warranty in effect.
A manufacturer or a dealer may be held liable for negligence if the vehicle was not manufactured according to specifications, if it contained a design defect, or if the installed components were inadequate. Negligence may also apply if a vehicle was marketed improperly (if, for example, a vehicle is shown in advertisements driving at a higher rate of speed than is safe for that vehicle).
Strict liability does not require an injured party to show that the manufacturer or seller of a product was negligent. The injured party needs to show only that the product was unsafe.
Conclusion
Bringing an action for injuries caused by a defective motor vehicle is very complicated. Such an action requires not only thorough legal knowledge of all the rules and laws that apply, but also requires an understanding of the technical, engineering, and scientific principles that go into the manufacture of a motor vehicle. If you have been injured by a defective motor vehicle, you need top-quality legal assistance. An experienced products liability attorney has the legal and technical skills necessary to pursue your case.
