Product Liability Claims: Defect, Design, and Failure to Warn
A young man is driving to work when he is rear-ended by another vehicle. Tragically, his vehicle combusts into flames upon impact, although the rate of speed was low. Why did the car explode? A manufacturing design defect of placing the gas cap and fuel tank near the rear of the vehicle caused combustion upon impact from a collision. This is not a hypothetical. In the 1970s, manufacturers of the Ford Pinto faced serious backlash and a litany of personal liability suits stemming from catastrophic injuries and deaths of drivers in crashes when their fuel tanks exploded.
Every year, a car manufacturer voluntarily recalls a specific car make and model for some sort of manufacturing defect, whether it is the drive shaft or the wheel bearings. Products liability issues are serious and can be deadly if the manufacturer fails to cure the defect or warn consumers.
Design Flaws and Defects
Manufacturers are expected to produce consumer products and car parts that are free from design flaws. If there is a preliminary issue with the very design of a product, making it inherently dangerous to use, the manufacturer is held liable for any injuries sustained by the consumer when using a defective product that should have never been sold. To recover under a theory of design defect, the injured plaintiff must prove that there was an inherent design defect or flaw with the product, the product is dangerous, the product design flaw was present at the time of the consumer sale (not an after-market addition), and that the design flaw is a proximate cause of the plaintiff’s injuries. Relating to car manufacturers and car parts, after-market modifications to car parts can void their warranties. After-market, unapproved modifications can also make it difficult to impossible for a consumer to bring a claim against a manufacturer for a defective product because it can be argued that consumer modifications were beyond the product’s original intended use.
Failure to Warn/Manufacturing Defects
More commonly, car and truck manufacturers produce thousands of car models for sale and later discover a latent defect that requires them to voluntary recall the vehicle for service or replacement. For example, over 67 million Takata Airbags were recalled by several manufacturers because the airbags can explode on impact from a collision. If a person is injured in an accident and sustains serious injuries because an airbag failed to deploy, a seatbelt improperly restrained the driver or a passenger or a vehicle part broke off within the passenger cabin upon impact, these are all manufacturing defects that a car manufacturer should have identified and warned consumers about. If you were notified of a product recall, check your vehicle VIN number and take your car to a local dealer as soon as possible for service and replacement. Failure to do so can void a warranty or make it difficult to file a claim if you had prior notice of a defect and did not act to replace the defective part. But, if you were injured due to a manufacturing defect and had no prior knowledge of the defect, you may have a claim for substantial damages.
Call our Utah Products Liability Attorneys Today
If you or a loved one were injured due to a vehicle manufacturing defect, it is critical you take action as soon as possible. In Utah, injured plaintiffs only have two years from the date of the injury to file suit against the manufacturer. Protections exist for consumers for manufacturer defects, but you may also qualify for damages and compensation for your injuries. Our attorneys at Rocky Mountain Personal Injury Center specialize in products liability litigation and can help you get back on your feet after a debilitating injury. Do not settle for less than what you deserve. Manufacturers have a duty to warn consumers of defects, and to products that do not cause harm. If you are dealing with an injury from a defective product, call our lawyers today to schedule a consultation.
