Liability of Manufacturers in Auto Defects
- Author Ivonne Jade Agustin
- Published March 19, 2010
- Word count 501
In many road accidents, the malfunction of vehicles and their parts have been noted to cause injuries and property damages.
Product manufacturers have the duty to provide quality products and services to their customers, and because of this duty, they are required to test their products and make sure of its crashworthiness and safety.
Usually, when these manufacturers discover that products that are released in the market have defects and are reported to cause accidents, they issue recalls and public warnings so as to prevent the increase in the number of possible victims. The usual auto parts defects often involve:
• Seatbelt and air bag malfunction
• Tread separation and other tire defects
• Windows and windshield breakage
• Defects of child seats
• Rollovers / structural weakness
• Roof crashes
There are cases when the sturdiness of the vehicle is outweighed by the design of the product which will definitely be a problem and a possible cause of accidents. Also, there are some vehicle parts that would not work well with the design and so would likely malfunction.
Manufacturers must see to it that the quality of their product will not be compromised by the sleek design that they are trying to sell.
If they are proven guilty of negligence, those involved in manufacturing and distributing the product will be legally obliged to pay compensation to the victims. Compensation often includes:
• Hospitalization and medical care
• Repairs or replacement of damaged property
• Lost wages because of inability to work
• Pain and suffering
Depending on the case, plaintiffs often prefer an out-of-court settlement which will compensate them well without having to go through a lengthy litigation. These settlements are often reached with the help of personal injury lawyers who can advise them in negotiating with the other party.
In handling litigations involving negligence, the plaintiff must locate a good lawyer in their area so as to efficiently file claims and represent them in court proceedings. This way, they can be assured that the pain and distress they have suffered from will be compensated accordingly.
Proving Negligence
In cases of negligence, the claimant must be able to present and prove that the defendant has duty to provide reasonable amount of care and that this duty was violated thus resulting to grave consequences.
Vehicle manufacturers are burdened with auto products liability so they should maximize their product’s crashworthiness and so they must test all their products before releasing it for public’s consumption.
In order to prove their claims, the plaintiff must obtain evidence, such as incident reports, which would prove that the defendant is partially or fully liable for the damages sustained by the victim.
In most cases of product liability, the manufacturers are obliged to pay compensatory damages which would cover the misery suffered by the other party. Aside from this, most of them also have to pay punitive damages which are designed to greatly burden their finances in order to set an example to other manufacturers about the kinds of products they put out in the market.
To provide you with more information regarding auto products liability claims, consult with our experienced personal injury lawyers. Log on to our website and avail of our free case analysis.
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