Defective Part Accidents
The recent Takata airbag recall shows us how devastating the damage can be from defective products. As of the end of 2018, the airbags in questions had caused at least 23 deaths and 300 injuries.
A defective part poses an unreasonable physical risk to drivers and passengers, even when used appropriately. In some cases, a product is considered “defective” if it comes with inadequate instructions or warning for the user.
Victims who have been injured by defective motor vehicle parts have some legal recourse to recover compensation for the medical bills, lost income, and pain and suffering they face after a defective part car accident.
Unlike other types of personal injury lawsuits, where the plaintiff is required to prove that an individual or entity’s negligence caused their injuries, defective car part claims are held to a “strict liability” legal standard.
In strict liability cases, car accident victims are not required to prove carelessness. However, they do have to prove the following three conditions exist:
- The vehicle in question, or one of its parts, had an “unreasonably dangerous” defect that caused the victim’s injuries.
- The defect must have caused the plaintiff’s injuries while the vehicle was being used as intended.
- The vehicle must not have been altered “substantially” from its original sale condition. Changing a vehicle “substantially” would involve impacting the way it performs.
When referring to a defective car part, a defect may have come about in various ways. The defect could have been a result of:
- The design process
- The manufacturing process
Additionally, a car part can sometimes be considered defective if there is a failure to warn the public of a dangerous aspect of the vehicle.
Someone who has been injured by a defective auto part can file a claim against either the manufacturer of the product, or the dealer that sold them the vehicle. It is in their best interest contact a Delaware car accident lawyer at McCann & Wall, LLC to help them determine their best course of action.
Defenses in Defective Car Part Claims
Manufacturers and sellers involved in defective product liability claims may use the defense that the driver was aware of the defect, but continued to drive the car anyway. This is common when drivers have owned the car for a long period of time, or the vehicle shows noticeable wear and tear.
They may allege the victim’s own unsafe operation of the vehicle or “contributory or comparative negligence” was the reason for their car accident. Because defective part claims can cost manufacturers or sellers upwards of millions of dollars, they tend to do everything they can to fight them.
The Delaware car accident lawyers at McCann & Wall, LLC are ready to take on the manufacturer of the defective product that injured you or your loved one. Someone should be held responsible for the pain and suffering caused by a product you believed to be safe.
Delaware Car Accident Lawyers at McCann & Wall, LLC Hold Manufacturers Accountable for Defective Car Parts
The Delaware car accident lawyers at McCann & Wall, LLC are available to help to prove your claim and meet the strict liability standard for your case so you can recover the compensation you deserve to heal and move forward.
Call 302-888-1221 or contact us online to schedule a free initial consultation at a location that is most convenient to your home or office. We serve clients throughout Delaware, including Wilmington, Dover, Newark, and Middletown. We also serve clients in Philadelphia, Chester County, Delaware County, and throughout Pennsylvania and New Jersey.