Our cars today are more complex and intricate than perhaps ever before,
and all that engineering means there are more parts that could fail and
result in a serious accident than ever as well. To correct issues that
may arise, auto manufacturers will frequently issue recalls on their vehicles
so they can fix problems before they turn into serious injuries that they
might be held liable for. However, sometimes people can’t get their
car repaired or don’t know about the issue before it’s too
late. If you’re in this situation, can you sue the auto manufacturer
to hold them liable for your injuries? Let’s find out.
Were You Injured?
This is arguably the most important question when it comes to filing lawsuits
for auto recalls. If you were not involved in an accident, or you were
involved in an accident but the accident was not caused by the recalled
part, nor were your injuries made worse because of it, then you most likely
cannot sue the manufacturer. You must be injured as a result of a recalled
part failing to perform its function in order to be eligible for one of
Types of Defects
Generally, there are three types of product defects that you can hold a
manufacturer for if you are injured as a result of them:
design defects, manufacturing defects, and
design defect is when something is wrong with a car, or a part of a car, at its very
core, and normal, intended use of that product makes it unsafe or prone
to causing accidents. In these instances, the entire part must be replaced,
or if the part is an integral piece of the car as a whole, you could wind
up having your entire car re-purchased so it can be taken off the road
and you can drive safely.
Manufacturing defects are slightly more common. These are when a flaw in the manufacturing process
goes unrecognized or is deemed to not be a hazard, only to have it wind
up being a cause for part failure, resulting in injuries. This is seen
fairly frequently with things like tires, brake pads, or other critical
operating and safety components.
Warning defects are when a product is not accompanied by the appropriate warnings to inform
users of the risks they may carry. These are pretty rare when it comes
to cars, but some examples have included manufacturers sending out warning
labels when a particular part has a tendency to malfunction if accidentally
When you are injured as a result of a product that has been placed under
one of these three types of recalls, you may have legal recourse options
available to you. Call the Law Office of James M. Stanley today at (817)
request a case evaluation and start reviewing your legal options.