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Proving Liability On A Defective Car


There are several factors that can lead to a car accident. One of the unfortunately common factors is a vehicle defect. Vehicle defects create unsafe vehicles and can lead to injury and even, wrongful death. So if you’ve been injured in an accident involving a mechanical failure, you will need to prove the liability rests on the vehicle and not on driver error. This can be difficult because you have to prove the vehicle is in fact dangerous, which is a challenge if there has not been a recall notification for the vehicle. Fortunately, a qualified personal injury attorney can help.

Examples Of Defective Vehicles

There are several examples of defective vehicles that can cause injury or wrongful death including:

  • Defective parts that lead to brake failure, steering failure, or tire blowouts
  • Bad vehicle design that caused rollovers or instability at high speeds
  • Airbag, seatbelt, and other safety feature malfunctions

Types Of Vehicle Product Liability

Defective vehicles are considered a type of product liability, which means the manufacturer of the product is legally responsible for any accident or injury that has occurred as a result of using the vehicle. There are two types of motor vehicle product liability:

  • Defectively Manufactured Vehicles: This type of product liability is when the vehicle or part itself is not problematic, but that something occurred during manufacturing to make the vehicle or part unsafe. This includes manufacturing and testing errors, as well as shipping and dealership errors.
  • Dangerously Designed Vehicles: This type of product liability means the vehicle or the part was a bad or unsafe design. The vehicle and parts were properly manufactured, they just should never have been on the market in the first place because they present a hazard to consumers.

Who Is Responsible For Defective Vehicles?

Once the type of vehicle product liability is established, you will have to determine who is the responsible party. Since there are many entities in the vehicle supply chain, it could be one or multiple parties including:

  • Vehicle Manufacturer: Since the vehicle manufacturer is responsible for providing a safe product to the consumer, they will be the defendant in most cases of vehicle product liability.
  • Parts Manufacturer: Vehicle manufacturers use third party manufacturers to design and build certain parts for their vehicles, so the parts manufacturer may be liable for the defective vehicle.
  • Dealership: In the State of Florida, both new and used dealerships can be held liable for vehicle liability if they misrepresented the product. Dealerships have a legal obligation to ensure what they are selling is safe, and if the vehicle was not properly inspected before the sale, they could be held responsible.
  • Shipping Company: Sometimes, a product can be damaged during shipping. So if the part was manufactured correctly and with a safe designed, but still malfunctioned, it may be the result of shipping issues.

Proving Liability

In the case where the manufactured vehicle or part was not recalled, you will need to prove the injury was the result of a defective product. First you will need to prove there was damage with medical bills and hospital receipts. Then you will have to prove the vehicle was defective which can range from photographic evidence to expert testimony from a mechanic. Then you have to prove the defect is the cause of the injury. Finally, you have to prove that you were not misusing the product at the time of the injury.

Determining who is at fault and proving liability in a defective vehicle claim can be extremely difficult so it is important that you hire a personal injury lawyer. Our experienced attorneys at attorney , Goldman, Babboni, & Walsh can help. We have over 100 years of personal injury experience in the state of Florida and have worked with thousands of clients to prove defective vehicle liability. So if you’ve been injured in an accident and believe it was the fault of the vehicle, contact us today for a free consultation.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Proving Liability On A Defective Car

Goldman Babboni Fernandez
Murphy & Walsh




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