Defective Automobile Accidents
Injured from defective auto parts?
Zimmerman & Frachtman has helped south florida residents with accident caused by defective automobiles.
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The US Census Bureau reports that over 2 million people are injured in car accidents every year. A portion of these accidents are caused or made worse by defects in the way the car was designed or assembled. The front or rear end of the car might be too short to absorb the shock of the collision. A more obvious example would be a door latch that fails to hold. In cases like these, the manufacturer can be held liable to owe compensation to the victims.
Manufacturing defects in products are startlingly normal. People may think that a product design defect is very rare, but most new products are released into the market without adequate testing. The lack of testing, combined with improper instructions for usage, can often result in serious illnesses or physical injuries as a result of a poorly manufactured product.
Under the doctrine of strict liability, the manufacturer is responsible for any injuries caused by the design of the car, or quality of its components, even when the driver caused the accident when there is proof of defects. In a court case, the judge will try to evaluate the “crashworthiness” of the car – whether the car was designed to protect passengers from the force of the impact of the accident. For example, if the victim is thrown against a side door, she might have additional injuries because the interior handles were badly designed. Victims who might have walked away from a flipped car with a few bruises will probably have major injuries if the car roof collapses.
The manufacturer is also liable if the car was assembled carelessly, no matter how good the original design. Some parts, like tires, are made by other companies. If the tires are defective, then the tire company will be held to be at fault. If the defect is one that the manufacturer should have noticed, or if the manufacturer deliberately chose poor quality tires, then the manufacturer is also at fault.
Examples of Defects and Successful Cases
There have been numerous successful lawsuits in the state that related to manufacturing defects. These lawsuits have been brought against smaller and larger companies. Everyone from pharmaceutical companies to car manufacturers can be held accountable depending on the situation.
There was a high profile case where the motor company Nissan was sued because there was a manufacturing defect in some of their products. Their cars had a layer of sheet metal that was poorly constructed and did not meet safety standards. While the structure of the car and all the accessories were completely fine, the sub standard material they used to construct the metal sheets caused significant problems for drivers.
Of course, the manufacturer will try to argue that the car met reasonable safety standards, and may also try to argue that there was something unusual and unforeseeable about a particular accident. It is important to find to find a experienced automobile defect attorney who has enough knowledge about automobile manufacture, including the most technical aspects of design, so that he can persuade the court that the manufacturer is wrong, and that you are indeed entitled to compensation. If you or someone you know has been damaged by such a situation, it may be time to consult with a lawyer. Manufacturing defects lawyers are familiar with the law in such cases. Even if you think what happened was an accident, it is best to talk with a lawyer. They can tell you whether the incident occurred because of manufacturing neglect or through unfortunate circumstances.