There is almost nothing as frustrating as buying a brand-new vehicle that has defects not observed during a test drive or when it was delivered to the dealership “ready to be driven off the lot.” This has happened more times than many people are aware of but if a malfunctioning part or system caused injury to you or a passenger in your vehicle, there are steps you can take to bring a suit against the party at fault. It could be the dealership and it could be the manufacturer, or both. Here is some of what you can do if that long-awaited new car is defective.
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This Is NOT the Lemon Law
While there is such a thing as what we refer to as the Lemon Law, product liability is what we are speaking of here. Lemon Laws vary state by state, but the intent is the same. If you are sold a defective new vehicle and try to return it within the first 30 days, the dealer and/or manufacturer are responsible for granting a full refund.
What You Should Know About Auto Products Liability
However, in the case mentioned above, you may be looking at a vehicle that is six months old that was in an accident in which a party or parties were injured. According to the Romanucci & Blandinteam of auto products liability attorneys, there are certain products that are most commonly defective and cited in auto products liability cases. These would include, but are not limited to:
- Door latch failures
- Gasoline fires
- Airbag failure
- Tire blowouts
- Seatbelt failures
- Rollovers
- Acceleration that was not intended
From there, the list goes on. You may have read in the news in recent years that certain models of vehicles were prone to rollovers. Whether rounding curves or perhaps rolling on impact, keeping a vehicle grounded with all tires on the road is part of the design. It’s a design flaw that can be the subject of litigation.
Knowing Who to Bring Suit Against
Sometimes getting the court to rule on fault in a liability case can take literally months of litigation if the team you hire doesn’t have the experience and expertise in this type of insurance claim lawsuit. Originally, a claim is made against the driver of the at fault vehicle but if the at fault driver was not at fault due to faulty products, then someone has to bear the responsibility. That’s a lot of faults just mentioned but, unfortunately, that’s just one more indication of just how tricky this kind of suit can be. The fault of the fault of the fault could go on ad infinitum.
Winning or losing a lawsuit based on faulty auto products depends on proof that the product was indeed faulty. A good attorney will do the research and often find hundreds of other drivers filing the same claim as yours. Whether they are able to substantiate your claim based on an ongoing class action lawsuit already in existence or simply a great understanding of the law, it boils down to your legal team. Don’t be charged for fault if it was not your fault to bear. That’s the bottom line.
