Depending on the circumstances, you might have what is known as a motor vehicle defect case under the law. Defect cases don’t just happen in motor vehicle accidents, but also other vehicles such as buses, motorcycles, and more. What do you do when you have been involved in an accident due to another driver? You prove that they acted negligently. Defect cases work a bit differently than this.
Many aspects can go wrong when it comes to defects in vehicles. The body and frame might not be working correctly as well as many other parts of the car such as the brakes and braking system, electrical system, engine assembly, exhaust system, fuel system, passenger compartment, and more. When you bring a defect case against the manufacturer of a vehicle, this is controlled under what is known as ‘strict liability.’
Under this theory, you will have to show the following aspects:
You must be able to show that hazardous conditions were present. Perhaps the design of the vehicle was inherently dangerous, or there were dangers during manufacture or the handling or shipment process. Maybe there was even a failure to warn consumers that there were dangers present.
If you were using the vehicle in the way that it was intended to be used, then you might be able to recover if something went terribly wrong.
If the vehicle has not been substantially changed from the condition in which it was sold to you, you might have the right to recover.
The consumer has many requirements because they are selling a product to consumers and have to ensure that it is in proper condition for them to use it. If dangerous conditions were present at the time of the accident and they did not warn the consumer that an accident could happen as a result, there could be a claim for damages by the plaintiff in a case. You have many rights as the consumer and, provided you were using the product correctly, you will have the right to bring a lawsuit against a liable defendant.
Punitive Damages in a Product Liability Claim
You may have a right to damages in a product liability case when the manufacturer is liable. Perhaps you will be able to receive damages for your medical bills, time that you have missed at work, and a variety of other aspects. Many people involved in these claims will also find that they have the right to punitive damages, which are a particular type of damage that goes above and beyond normal damages to help you gain the compensation you need to move forward. Punitive damages, unlike many other damages, are meant to punish the defendant. The punitive damages that the defendant must pay to you will deter them from reckless actions in the future.
You might find that it is sometimes difficult to bring a product liability claim against a big-name company. This is why you must have assistance and testimony on your side when you bring your claim, as well as defenses that will help you along the way.
If you or your loved one has been injured at the hands of a product defect, you have many decisions to make. Let us help you every step of the way at Selarz Law Corp. We want to speak with you immediately, so call us today for a free consultation at (310) 651-8685.