Automobile Defects Causing Injury

Grossman Law Offices has been helping car accident injury victims like you since 1990. We have extensive experience filing claims in Dallas and the surrounding Dallas-Fort Worth area and we are very familiar with the local court systems. If you have been injured in a car accident, it is possible that your injuries were caused by a defective product in the automobile. If this has happened to you, you may have a valid claim against the car manufacturer for your personal injury. This article will explain in detail the theory of products liability, different ways in which an auto part may be defective, and provide examples of specific features in a car which frequently malfunction causing victims to be severely hurt.

Products Liability

Anytime a product is defective, there are usually multiple people who may be responsible for your damages. Defective automobiles are no different. Even though it is part of a larger unit, a manufacturer is liable for every tiny part of the cars they make, and if just one of these features malfunctions, you may be entitled to damages from them.

It is the responsibility of the automaker to ensure their product is safe and functions adequately. This is based on the legal theory of merchantability. When someone sells you a product they create an implied warranty of merchantability which states the product will be safe and function adequately to fulfill its purpose.

If any part of your car is not safe and consequently causes you harm, it is likely that the manufacturer has violated this implied warranty and may be required to pay you damages for your injuries. Our Dallas products liability attorneys can assist you in filing a product liability lawsuit against these manufacturers and hold them accountable for their negligence.

Different Ways in Which a Product May Become Defective

One of the most commonly asked questions in product liability lawsuits is how did the autopart become defective in the first place? This is actually a very smart question to ask and typically requires a very complex answer. Essentially, there are three potential ways in which a product may become defective or flawed. The first opportunity for an autopart to be faulty is in the actual design of the product. Every time a manufacturer makes a product they begin with a plan created by an engineer. It's possible for the plan to be wrong, or inadequate. If this occurs every product based on this design will be flawed and the autopart will be considered to be defective in design.

The second way a product may become defective is during the actual manufacturing process. This happens when an employee is negligent and equips the product with improper parts, or the manufacturer uses the wrong material in constructing the part. For example, if the manufacturer orders the wrong quality rubber to construct a tire, the strength of the tire will likely be compromised and could easily fail while in use. Note that not every product based off this same design will be flawed, only the products made from this particular batch.

Finally, an autopart can become defective during the time between manufacturing is complete and the time that it is sold to you. Sometimes parts are damaged during the shipment of the part, or in the case of a car, after the product has been incorporated into the vehicle. In this scenario, it is usually only the defective part that caused you harm that is defective, and it would be incredibly difficult, if not impossible, to find another part that is damaged in an identical manner.

Defective Features Which Can Cause Automobile Accidents

It is especially dangerous when a product in a car part malfunctions because this can result in very severe injuries or even death. There are numerous features we rely upon every day which have the potential of causing critical injury if they experience a glitch.

For example, almost all new cars on the market today a dependent upon a computer system which controls almost every function of the car. We use this system to steer the vehicle, press our breaks and basically operate almost every function in the vehicle. If this system is defective and fails while you are driving down I-75 in Dallas, you could potentially lose all control of your vehicle and be seriously injured or killed in a car accident.

Axle-corrosion is another very common automobile defect. Recently some minivans were recalled because the metal in which the manufacturer used to construct the axles was defective. This negligent construction led to the axles becoming corroded when exposed to water, humidity, or moisture over an extended period of time. As a result, these defective axles would break apart while driving and many drivers were completely unaware of this defect until it was too late.

If you have been injured due to an automobile defect or defective product in your vehicle, you may have a valid products liability claim against the manufacturer. Often it is not obvious that your accident was caused by a faulty automobile feature, but Grossman Law Offices can use an accident reconstruction specialist to evaluate the exact cause of your accident and whether your injuries were the result of a defective product. To set up a meeting with one of our knowledgeable attorneys specialized in car accident claims, contact Grossman Law Offices at 1-855-326-0000.

By E. Michael Grossman

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