Lemon Laws: Grounds for a Defective Car Lawsuit

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When products are bought, consumers have the right to expect that they are safe for use or consumption. This is especially true if the commodity is of significant value, like a car. In case of defective cars, buyers are given the right to file a product liability claim against the vehicle manufacturers or distributors. Typically, a product liability claim falls within three categories: manufacturing defects, design defects and failure to warn.

Manufacturing Defects

Manufacturing defects are those which differ from the intended design. In essence, they are mistake in the manufacturing process hence, not intended. Under laws on product liability, a car manufacturer for instance will still be held liable regardless on how extremely cautious it is in manufacturing the vehicle. The care that has been taken in the preparation and marketing of the vehicle will not matter for purposes of product liability.

Product liability is often referred to as liability without fault. This is to encourage manufacturers to provide greater investment in product safety. Consequently, the price of these products is increased. As a matter of public policy, the price increase will benefit the consumers in ensuring that no unavoidable injury is done as a result of manufacturing defects.

In a suit for manufacturing defect, the plaintiff has the burden of proving that the product in question had a fault or defect. Though difficult, strict liability can reduce the transaction costs involved in litigating the issue. In most cases, manufacturing defects are caused by negligence.

Design Defects

When a car is dangerously designed, the owner may have a case for product liability. Whether a car is defective or not will depend on various states’ policies. In one case, the court has ruled that a product is defective if it is unreasonably dangerous as designed. On the other hand, one court has ruled that the car is defective if it is reasonably foreseeable that a user could crash the car while going more than thirty miles per hour. Hence, the manufacturer should design the car with collision in mind.

Failure to warn

Manufacturers or distributors must provide adequate warnings or instructions to caution the consumer of a known danger or hazard. Otherwise, a product liability case may lie against them. Car manufacturers, sellers and distributors are responsible for any resulting danger to buyers for any design and/or manufacturing defects. If you are a victim of these defects, you may be able to recover under the law on product liability or negligence law. A product liability lawyer can help victims pursue their cause in court.

From the author: Los Angeles Product Liability Attorneys