Vehicles are required under the law to protect occupants from harm. When a structural failure causes an injury, here are your options:
You use your vehicle every day to get from A to B. They are integral to your ability to get to your jobs, pick up your children from school, etc. However, when your vehicle malfunctions due to some defect in its construction then you should be compensated for your loss. There are a number of different structural defects that can be found on vehicles.
A classic example is brakes that lock when pressed. Other examples are defects in the roof construction of your vehicle. If you have been injured in your vehicle due to some structural defect, then you have the right to file a lawsuit against the companies that sold and/or manufactured the defective part in your vehicle and to be compensated for your damages. Injuries require medical attention, which then results in medical bills. Medical bills are not cheap. You should not be forced to bear the financial burden of these bills along with the pain and suffering that comes with injuries when your condition was through no fault of your own. However, in order to be successful in your products liability lawsuit, you need to be represented by an attorney that is familiar with these types of cases. Products liability causes of action in Texas are difficult because of the mechanics of something like a vehicular structural defect the evidence you need to support your claim will be highly technical. The attorneys at Grossman Law Offices have handled many products liability cases and have the experience necessary to get you what you deserve. This article will discuss the nature of product liability actions and what they entail if you have been injured due to some structural defect on your car.
What is a Products Liability Cause of Action?
The concept of a products liability action is based on the idea that a party that sells a product that is in a defective or unreasonably dangerous to you is subject to liability for any physical harm that results. Basically, the seller should be engaged in the business of selling that product and the product is expected to reach you as the consumer and the product has not changed substantially from the way it was when it was manufactured. Automobiles are obviously intended for consumers such as yourself when you purchase them from a car dealership and therefore, it goes without saying, that the seller or manufacturer should be liable to you for whatever damage results from their automobile.
Are There Different Types of Products Liability Lawsuits in Texas?
Absolutely. There are typically three ways that you can go with your products liability lawsuit. Your action can be based in strict liability, warranty, or negligence. Strict liability is no fault liability and it would simply mean that even if there was no negligence on the part of the car manufacturer, they are liable anyway because it was defective and caused you injury. The rationale behind this is that the manufacturer is in a better position to make a better car and you as the consumer know nothing so it is their fault automatically if some defect in your car hurts you. Comparatively, a warranty lawsuit would mean they breached some statement they made or implied with reference to the product you bought. However, a structural defect lawsuit would probably be in strict liability because it would deal with some manufacturing flaw in the vehicle, not an express or implied warranty. Lastly, the negligence claim would involve proving that there was some action on the part of the manufacturer or seller that rendered the product faulty.
In sum, the different types of product liability actions illustrate the complexity of this claims and the absolute necessity to have competent and experienced legal representation fighting for you. Our attorneys can provide that for you at Grossman Law Offices. To discuss your individual case, contact us at (855) 326-0000.