Many people rely on child safety seats or helmets to shield loved ones from harm in the event of an accident, but if these automotive products fail to do so that may cause serious injury or death.
If you have been injured due to an unsafe automotive product when correctly used, then you may be entitled to recover damages for physical wounds, emotional scars and medical expenses associated with these injuries. If your loved one has died due to an unsafe product, then you may also be able to recover damages for loss of companionship, lost income, and funeral expenses.
Though no amount of money can replace what the injured party has suffered from the catastrophic results of the unsafe product, relief in the form of damages is available under product liability laws that hold the manufacturer, distributor or seller liable for negligence.
Attorneys that are knowledge about the latest product defects, product recalls, and liability laws, such as those at Swope, Rodante P.A., can help you file a product liability claim. While it may be intimidating to stand up against an automotive giant, our attorneys thrive on the challenge.
Our lawyers take pride in our solid reputation of helping our clients that have been catastrophically injured by a defective automotive product receive the maximum recovery.
Some types of cases that may involve these defects include:
- Motorcycles and helmets that are defective
- Child seats that have defects
- Defective tires
- Seatbelts that come unfastened during a crash
- Vehicle structural defects during rollovers
Some of the main theories through which product liability can be established in lawsuits include:
- Negligence – the product caused the injury and the manufacturer was aware or should have been aware of the defect, but breached its duty to inform the consumer.
- Breach of warranty – failure of a seller to fulfill the terms of the product’s warranty.
- Misrepresentation – sales promotion of the product that gives consumers false security.
- Strict tort liability – the product is “unreasonably dangerous” so the consumer does not need to prove negligence or causation.
In Florida, there is a four-year statute of limitations to file a product liability claim. If you have been harmed by a defective product or if a defective product caused the death of someone you love, it’s important to seek skilled representation to build your case before this time frame expires. If you would like to speak with a representative about your case, please contact us.
Last year had its share of lawsuits related to automotive product defects. These defects ranged from fuel-tank leaks, to engine fires to airbag problems and rollovers. Some of the most bizarre, according to an MSN Autos blog, were window-switch fire recalls among top manufactures.
RECENT AUTO PRODUCT RECALL
Honda announced a recall of about 748,000 Pilot and Odyssey models in the US, due to defective driver-side airbags, in a Jan. 18 release. The recall includes Honda Pilots of 2009-2013 model years and Honda Odysseys of 2011-2013 model years.
These airbags have been reported to fail during a crash resulting in injury to the driver, due to the improper assembly of the rivets that secure the airbag’s plastic cover.
According to the company’s release, no accidents or injuries have occurred to date, but the recall is a voluntary one to fix the problem. Honda is scheduled to start mailed notification in mid-February. The driver-side airbags will be repaired or replaced as part of the recall.
WHAT TO DO IF YOU’RE CONCERNED ABOUT AUTOMOTIVE PRODUCT SAFETY
Department of Transportation Vehicle Safety Hotline number is 1-888-327-4236. Consumers can call this hotline to check complaints related to motor vehicles, child safety devices, and other equipment. They can also find out information about current and past national investigations; recall campaigns concerning motor vehicles, child safety devices, tires and related equipment.
If you have already been injured due to a defective product, then the recall may be too little and too late, and you should consider contacting a qualified automotive product defect lawyer. Please feel free to contact us if you have any concerns about an unsafe product that caused undue harm.