Oklahoma Auto Product Liability Attorneys
What Are Some Common Automobile Defects?
When it comes time to purchase a car, you are expecting to receive a vehicle that meets all the necessary safety regulations, and has passed countless inspections during its design and manufacturing. You should not have to worry about a defect in your vehicle that could cause a serious issue later on while driving. However, it is an unfortunate possibility that an automobile sold with some type of mechanical problem can result in a product liability case.
When flawed design or manufacturing takes place, some common types of defects include airbags that do not deploy properly, brakes that fail, seatbelts that do not buckle correctly, child car seats with faulty buckles, or door latches that fail to stay closed. In the event that one of these defects happens during the course of driving, a serious accident, injury, or even death could occur.
Who is Liable?
Determining who is liable for an automobile product liability case can sometimes be complicated due to the sheer number of people who were involved with the car before it entered your possession. You would have to follow what is called the chain of distribution, which is all the parties the vehicle went through before being distributed to consumers.
The first arm on this chain of distribution is of course the manufacturer. If the product was defective as a result of a faulty manufacturing or design, the car manufacturer may be held liable. Similarly, if it was a specific product within the vehicle, like the seat belts or air bags, that wasn’t made by the manufacturer of the car, you can sue both the car manufacturer and the manufacturer of the product. Also, the retailer who sold you the vehicle could be held liable.
How Do I Claim Compensation?
When it comes time to file your claim for compensation from a faulty or defective automotive part, there are four elements you will have to prove before your claim can be acceptable.
First, you must prove that you actually suffered some form of injury from the defective product, meaning you can’t claim that you could have gotten hurt as a result of the defect, but rather you actually did get injured.
Second, you need to prove that the product was in fact defective. This will require you to show that there was a problem in either the manufacturing or design of the part that caused it to malfunction, and subsequently injure you.
Third, you must show that you were using the product in a reasonable manner for which it was intended.
Finally, you’ll have to show that the defective part within the car is what caused the accident that ultimately resulted in you being injured. If a part was discovered to be defective but not necessarily the cause of your accident, rather the accident was caused by you speeding, then you may not have a claim.
What To Do After a Car Recall? Claims Involving Recalled Cars
A driver never wants to hear about their car being on a recall list due to some mechanical malfunction or defective part that was discovered. Usually, these defects are found through consumers experiencing issues with their vehicles, and only when it becomes significant enough, will the car companies recall the vehicles.
If a car is recalled, the car manufacturer is responsible for either repairing your vehicle, replacing the car or the defective part, or refunding you the purchase cost. However, in the event that you’ve already suffered injury from the recalled vehicle, you may be entitled to a product liability lawsuit, and should seek the help of a Oklahoma car accident attorney who can assist you in filing a claim against the proper party.
Seek Legal Help for any Defective or Recalled Vehicle-Related Injuries
You don’t have to take on the burden of fighting the car manufacturers, retailers, or any other party that may be liable for the defect in the vehicle that caused you injury. Let the team at Car Accident Help handle these difficult legal matters for you. Contact us today at (405) 285-4357 to find out more about how we can help you with these serious legal issues.
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