You need to be aware of the applicable legal theories when it comes to defective auto parts. These theories can have a significant impact on a case and the compensation sought. You can file a lawsuit for product liability against the manufacturer.
Strict Liability
In strict liability, the focus of the case is whether the auto part was defective. If there is a fault, the manufacturer may be held responsible without needing to prove negligence. The elements are:
- Prove that the part is defective.
- Prove that the defect caused the accident.
It is easier for the victims to get compensation if they do not have to prove that the manufacturer was negligent.
Negligence
Negligence is proving that the manufacturer did not meet a standard. The injured party must prove:
- The manufacturer has breached their duty of care.
- Negligence and accidents are directly linked.
It can be a more complex situation, as you need to prove what the manufacturer has done or not done that caused the defect.
Breach of Warranty
A breach of warranty is when a manufacturer fails to deliver on the promises they made about a particular product. This can include:
- When a product is sold with a warranty that makes specific claims about it, this is called an express warranty.
- Implied warranties are warranties that do not require a written guarantee.
The manufacturer could be held liable for damages if the defective part does not perform as promised.
Who’s Liable?
You need to know the parties responsible for injuries and damages caused by defective auto parts. This includes vehicle manufacturers. You can build a stronger case if you know the parties involved.
Automobile Manufacturers
In cases of defective vehicles, the car manufacturer is usually the first to be contacted. The car manufacturers are responsible for the safety and performance of their vehicles. A manufacturer could be held responsible for an accident if a defect is caused by a manufacturing or design error. The company is also responsible for ensuring that its vehicles comply with safety standards.
Lee Clark & Associates is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, Defective product lawyer Haines City FL, tobacco and vaping-related cases, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Schedule your consultation today!
