Were You In An Accident Caused By A Vehicle Defect?
We place a lot of trust in our vehicles to keep us safe. The average standard passenger vehicle weighs over 6,000 pounds, so it’s critical that it be safe to operate on the road. When something goes wrong that causes us to lose control of our vehicle, or a safety feature fails to perform as it was supposed to, we can become victims of the vehicles that were meant to protect us. If you or a loved one have been injured or even killed due to a vehicle defect, you are not alone. Thousands of people in the United States have suffered serious injuries and settled large lawsuits due to harm caused by automobile defects. If you are one of these people, you may be feeling overwhelmed and unsure of what your options are legally. You may also be struggling financially or physically due to the accident. The good news is that if you have been harmed due to a vehicle defect, our lawyers can help you bring a lawsuit to hold the manufacturer accountable for the harm that they caused you and to recover for any damages that resulted.
Suing for a Vehicle Defect
Suing for vehicle defects falls under product liability, which is somewhat different than the process for suing for other kinds of injuries. For instance, if you sue for injuries that you sustained in a car crash where no defect was involved, the court will have to review the facts of the case to determine whether the other party was negligent. If the court determines it more likely than not that the other party was negligent, then the other party will be held liable for your injuries. On the other hand, when a defect is the cause of the injury, no negligence or recklessness must be established. Rather, you must establish that the vehicle had an unreasonably dangerous defect and that the defect was the cause of your injury. Additionally, you must demonstrate that the defect and injury occurred while the product was being used in the manner for which it was intended. This means that if you suffered burns while doing bicep curls with an electric tea kettle, you would not be able to recover for your injuries, even if a defect to the spout of the teapot resulted in the burns, because you were not using the tea kettle in the manner that it was intended to be used. Finally, you must also demonstrate that the vehicle had not been substantially altered since it was purchased. If you have made significant modifications to the vehicle, it is much harder to establish that the defect was related to the vehicle or would have occurred if not for the modifications. If you can establish these elements, then the criteria to bring a strict liability vehicle defect claim have been met and the vehicle manufacturer will be held liable for your harm.
Talk to a Pennsylvania Vehicle Defect Attorney
If you or a loved one have suffered injuries due to a vehicle defect, you do not have to navigate the process alone. Vehicle defect cases can be complex to litigate, and having an experienced Pennsylvania attorney on your side is essential to succeeding. Schedule a free initial consultation with the personal injury attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton and Pittston at 570-821-5717 or online today. There is no fee or costs until we win your case.