Imagine cruising down the highway on a sunny day, feeling the wind in your hair, and enjoying the freedom of the open road. Suddenly, your car’s brakes fail, or the airbags deploy without warning, turning your leisurely drive into a nightmare.
This terrifying scenario is more common than you might think. In Alabama alone, thousands of accidents occur each year due to defective vehicles or their components, leaving victims with life-altering injuries or worse.
If you’ve had an accident because of a problem with your car or just want to know what to do if it happens, it’s important to understand the basics about these avoidable tragedies and how to handle legal claims for car defects.
Types of Motor Vehicle Product Liability Claims in Alabama
Design Defects
Design defects occur when the car is dangerous because of its design.
Example: A faulty airbag with a faulty inflator that spews shrapnel when it deploys
Manufacturing Defects
If the issue is due to an error in production or assembly, it is considered a manufacturing defect.
Example: If the fuel system has a manufacturing defect, it can cause fire or explosions.
Marketing Defects
A marketing defect occurs when there is a failure to provide enough warning or instruction about the dangers of the vehicle.
Example: The manufacturer fails to warn about the hazards of operating a particular type of vehicle under certain conditions, like icy roads.
Thankfully, Alabama’s Lemon Law offers some protection for consumers.
The Lemon Law protects buyers that purchase a new vehicle from a dealership. Under this law, a vehicle is considered a “lemon” if it has manufacturer defects that make it impossible to safely drive the vehicle.
When determining if a car is a lemon, the vehicle’s age and mileage are considered as well as any repair attempts the manufacturer made and how long the vehicle has been out of service.
Who is Responsible for a Defective Car?
Responsibility can depend on the specific circumstances of the defect, and multiple parties may share liability, including:
- The Manufacturer – responsible if the defect is the result of a design or manufacturing flaw
- The Seller – at fault if they knew or should have known about the defect yet failed to disclose it to the buyer
- The Mechanic – accountable if the default is the result of faulty repairs or maintenance
- The Transporter – liable if the vehicle was improperly loaded onto the transport truck
Filing a Product Liability Claim with a Personal Injury Lawyer
Filing a claim can be difficult for a victim while they recover from injuries or are distressed about their finances related to loss of work and medical bills.
A personal injury lawyer helps make things easier by:
- Evaluating the case and determining if you have a valid claim
- Gathering evidence, like details of the specific defects, medical records, photos of injuries, witness statements, and the car’s maintenance history
- Filing the claim on your behalf. The claim will detail the nature of your injuries, the product involved, and the damages you seek.
- Negotiating with the manufacturer and responsible party to settle. If your lawyer does not make an agreement with them, your case may go to trial.
In Alabama, to win a product liability claim, you must prove that:
- The vehicle had a defect, making it unreasonably dangerous.
- The defect existed when the vehicle left the manufacturer or seller.
- The defect caused your injuries or damages.
Consumers need to be aware of the risks of defective cars and take measures to protect themselves from harm. Product liability claims can be complex, requiring thorough investigation and expert analysis to determine the cause and who is liable.
Make sure you have a knowledgeable lawyer that will work to ensure you receive fair compensation for your injuries and other damages. Contact the accomplished lawyers at Timberlake & League. We can help.
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