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 these lawsuits.
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 warning defects.
A 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 used improperly.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) 591-4222 to request a case evaluation and start reviewing your legal options.