Car Defects and Product Liability
Posted on Friday, October 11th, 2019 at 4:33 pm
A car that has a problem that significantly reduces its value, safety, and usability is considered a defective car. Each state has its own definition, but in general, if a mechanic tried to solve the same problem many times during a certain period of time or during a certain number of kilometers, the car can be considered defective.
Federal Laws and Defective Cars
The Magnuson-Moss Federal Warranty Act and state defective automobile laws are there to protect the consumers who buy cars. Besides new cars, these laws are also applicable to older cars because consumers receive a written warranty from the manufacturer or dealer.
If a malfunction in the car leads to an accident, a number of people can be liable for the injuries, including the car manufacturer, spare parts maker, or even the dealer. In accordance with the Georgia law, the consumer will have two years to file a liability claim against the manufacturer. There is also a statute of limitations to be noted here, as you will only get 10 years starting from the date of purchase.
If the defects of the vehicle are very serious, then it is not necessary for the plaintiff to prove the negligence of the defendant. That is how it works in Georgia. Instead, the plaintiff must prove that the vehicle or part of the vehicle malfunctioned and has caused damage.
Types of Defects
Irrespective of the theory followed concerning the search for defective products, the applicant must prove that the product was defective and had one of the following three types of defects:
- Manufacturing defects may arise while assembling components, the production of parts can also be faulty.
- Misconceptions of design are defects that exist from the beginning and that make the product inherently uncertain.
- Errors in labeling and warnings may cause potential threat of damage. This can be termed as a marketing error.
Examples of Safety-Related Defects
- Sudden malfunction of steering equipment can cause serious accidents.
- A vehicle fire can be caused by fuel leaks. A problematic fuel system that is vulnerable to crash damage can lead to a vehicle fire.
- An accelerator pedal that can break or get stuck.
- Breaking or cracking of wheels can cause the driver to lose control of the vehicle.
- Blades of the engine cooling fans can suddenly burst and cause injury to people working on the vehicle.
- Defects of the windshield can cause a serious accident during rain.
- Failure of seat belts while driving.
- Critical parts of the vehicle that break, collide with, or become detached from the vehicle, which may cause the driver to lose control of the vehicle.
- Electrical wiring system malfunctioning can result in fire or cut off electricity.
- Airbags malfunctioning can cause injury or suffocation.
Contact an Experienced Defective Product Attorney
If you have been injured in an accident due to a product defect, contact the attorneys at Jonathan R. Brockman, P.C. today to schedule a consultation.