Author: Jay Howard
Car manufacturers selling cars for profit are legally responsible for ensuring the safety of their vehicles. This legal responsibility is known as the duty of care. When manufacturers fail to take reasonable steps to protect consumers from harm, they can be held legally responsible for the emotional, physical, or financial losses a consumer suffers due to their actions or lack of action. In Georgia, consumers harmed by a defect in their vehicle can pursue compensation through a product liability claim based on strict liability or negligence.
Pursuing a product liability claim will likely mean facing a large adversary with endless resources and strong legal representation. Companies that produce, sell or distribute defective cars or car parts should be held accountable for their actions. While it may seem challenging to recover damage from large car manufacturers, working with an experienced product liability lawyer gives you the advantage you need to achieve the best possible outcome for your circumstances. You don’t need to face the large company and their representation alone. At Tabbaa Law, our lawyer can help you collect the necessary evidence and make you feel confident that someone is in your corner fighting for you.
Car Defects: The Two Types of Product Liability Cases
When a car defect causes an accident, a consumer can pursue two types of product liability cases: design defects and manufacturing defects.
Design Defect Claim
A design defect claim is when the vehicle’s design makes it unsafe for the consumer. Instances of design defects include:
- Unsafe gas tank location
- Seat belts that don’t hold occupants in place
- Weak vehicle structure
- Poorly designed airbag
- Flaws in the cooling, fuel, or exhaust system
Design defects are vehicle designs that inevitably would lead to some kind of harm or injury because of their inherent flaw.
Manufacturing Defect Claim
A manufacturing defect claim can be pursued when an error in the manufacturing process makes the vehicle unsafe. Common examples of manufacturing defects include:
- Using incorrect screws or bolts on mechanical parts
- Attaching parts of a product incorrectly
- Installing outdated or improper components
- Incorrectly installing electric circuitry
Manufacturing defects occur not due to anything wrong with the original design, but rather an error that occurs during the manufacturing process resulting in the product no longer being safe because the original design instructions were not followed.
Who Is Liable for Harm Caused by a Car Defect?
Before pursuing a product liability claim against a car manufacturer, it is important to consider who else may be at fault for the car’s defect. In some cases, more than one party may be at fault for the accident. Recovering full and just compensation requires knowing who to file the claim against to ensure the correct party is being held accountable. The following parties could be wholly or partially responsible for the car defect that caused your accident.
- Car manufacturer
- Car dealerships
- Car shops
- Third-party manufacturers
- Third-party distributors
Determining who may be responsible for a defect often takes more than reviewing the police report; it requires extensive investigation into the accident. Furthermore, it will likely require an extensive dive into the various parties who may be liable and their product history. Product liability cases also require knowledge of federal and state laws. Working with a skilled and determined product liability attorney ensures you have the legal support and guidance to stand against larger companies that failed to take the necessary steps to protect you.
Contact Tabbaa Law’s Skilled Product Liability Lawyer Located in Atlanta
Companies that manufacture, sell, or distribute cars or car parts are responsible for ensuring the vehicles are safe for consumers. When their actions or lack of actions harm a consumer, they should be held responsible. At Tabbaa Law, we understand how damaging accidents can be physically, emotionally, and financially. We believe in holding car manufacturers accountable. Our product liability lawyer will do everything in his power to help secure the best possible outcome for your claim.
Contact our office at (770) 370-7881 or fill out our contact form.Auto Accidents, Personal Injury