You may have a car product liability claim if you’ve suffered any kind of damages or have been injured because of a defective car. Several types of car defects have been the basis of product liability lawsuits in Providence, RI in recent years and they include:
- Car prone to rolling over like all terrain cars
- Wobbly motorcycles especially when driven at high speeds
- Cars with tires that are susceptible to blowouts
- SUVs that are susceptible to rolling over.
With that being said, what exactly must you prove in order to win your case? Before we answer this question, let’s take a look at the different types of product liability involving cars.
Types of Car Product Liability Claims
Defectively manufactured car parts or manufactured cars
This type of claim is self-explanatory in that the car parts or the car itself was not properly manufactured. Usually, the defect in the product occurs during supply or at the dealership, during shipping or at the manufacturing facility.
Cars with unreasonably dangerous design
This means that even though the car was properly manufactured, there are unreasonable designs that could result in injuries or damages. Most cases that cite unreasonably dangerous design involve car parts or cars that have been in the market for a while before people realized that their design is defective.
Identifying Who is at Fault in Your Case
If you plan to file a car product liability suit, you have to be able to identify all parties that might be at fault in your case. This means you have to identify all parties involved in the chain of distribution; from the manufacturer to the dealership where you bought the car. Below are some of the people in the chain of distribution that you might need to involve in your case:
This is usually a large company that has more money to offer in compensation. The downside to this is that they also have a lot of money to hire an entire team of lawyers to defend their case.
If your case involves defective parts in the car, you should list the manufacturer that manufactured the defective car part if they are a separate entity from the car manufacturer. If you bought the defective part separately, then you can only sue the parts’ manufacturer. A great example would be if you bought a new set of tires separately. However, if you bought the car already installed with the defective tires, you can sue both the parts manufacturer and the car manufacturer.
The person who sold the car or car parts to you can be held liable for your injuries even if they did not buy the product themselves.
Anyone that was part of the chain of distribution starting from the manufacturer to where you bought the car can be held liable for damages you incurred as a result of your car accident.
Used car dealer
Even if you bought a second hand car, the dealer who you bought it from can be held liable under certain conditions. You should talk to a Providence car accident lawyer first to find out if the used car dealer can be held accountable. This is because this is a new area of law and the details may vary from one state to another.
What if the Defective Car Wasn’t Mine?
You may still have a solid car product liability case even if the defective car wasn’t yours. It could be that you borrowed it or someone else with a defective car caused the accident. Whatever the case, you should include them in your case in addition to all the defendants described above.
Traffic Accident Claim or Product Liability?
If you or the other driver was driving a defective car at the time you were involved in a traffic accident, you may have a negligent driving claim against the other driver as well as a product liability claim. Keep in mind that the legal basis for negligent driving is very different from that of a defective product. The good news is that you can hire a Providence product liability or car accident lawyer to help you with your case. If there is reasonable basis, you can include any and every type of claim related to your case.
If you or a loved one has been involved in a car accident in Providence, RI, call us today at 401-751-0101 for a free initial consultation.