There are times when a driver has exercised the utmost care behind the wheel, and it is still not enough to avoid an accident that took the life of a loved one. In these cases, the crash may have been the fault of the car itself or an auto part. When this happens, you may be able to sue the manufacturer and anyone else involved in the car’s sale. This type of lawsuit is known as a product liability case and can be a challenging legal process. You need the help of an experienced product liability attorney who has previously handled these types of cases.
Who Is Responsible for a Fatal Accident Caused By a Defective Car?
Product liability law applies very broadly. Pennsylvania product liability law aims to keep you from having to determine exactly which party involved in the sale of the car broke the law. You can hold anyone who played a role in the “stream of commerce” legally responsible for the harm that befalls your family. This includes:
- The manufacturer of the car itself.
- The manufacturer of the defective part.
- The dealer who sold the car.
- An auto parts store that sold the part.
- An importer who brought the part into the country.
Anyone in the stream of commerce is jointly and severally liable for your family’s damages. If you win your case, it would be up to a court or the parties to apportion the damages.
How to Win a Product Liability Lawsuit?
You can win a product liability lawsuit for a defective car in several ways. The most effective way to prevail is to show that there was a defect in the car or a part. There are three types of product defects:
- A design defect is when there is an inherent flaw in the design of a car or a part, which makes it unreasonably dangerous. A classic example of a design defect was the fuel tank placement in the Ford Pinto, which made the car more likely to explode when it was struck in a rear-end accident.
- A manufacturing defect is when something has gone wrong when making a car or part. For example, conditions in a factory could have meant that the rubber in a tire was more likely to cause a failure.
- A manufacturing defect is when the defendant knew or should have known of a potential safety problem with the car, yet they failed to fix it or warn the public.
If you prove the product was defective, the defendant would be strictly liable. The burden of proof would then shift to them to show why they should not have to pay for damages in a lawsuit.
You can also prove that the defendant was negligent in making the car or part or that they violated one of a number of warranties under Pennsylvania law.
Your Damages in a Product Liability Case
If a loved one has died in an accident due to a defective car, your damages would be a result of a successful wrongful death lawsuit. Your family would be paid for the harm that you suffered when you suddenly and tragically lost a loved one. Your damages may include the following:
- Lost wages that the deceased person would have earned.
- Loss of a close and loving relationship with a deceased person.
- Loss of guidance and support that you received from the family member.
- Grief and emotional distress from the sudden loss of a loved one.
Contact a Chester County Car Accident Lawyer at Samuel Anyan Attorney At Law
If you or a loved one has been injured in any type of crash involving a motor vehicle, get legal help from a Chester County car accident lawyer at Samuel Anyan Attorney At Law. You can schedule a free initial consultation by calling us today at 833-372-6946 or contacting us online. Located in Philadelphia, we serve injured clients in Chester County, Delaware County, Montgomery County, Bucks County, Dauphin County, Berks County, Lehigh County, and Northampton County.