Usually, in order to hold a person
responsible for injuries incurred during an auto accident, it must be
proven that the person’s negligence was the cause of the injury.
However, when trying to show that car parts were to blame, another set
of rules must be used. In order to prove that the car accident was a
result of defective car parts, or if the injuries that were sustained
during an auto accident were intensified due to faulty car parts, the
plaintiff must exhibit certain specific details. Those details include
injuries and losses, a manufacturing defect, design defect, the failure
to warn, and causation of the sustained injury. While many liability
theories exist to grant financial compensation to car accident victims,
three of those theories are most commonly used: strict liability, breach
of express warranty, and breach of implied warranty.
Strict Liability
The plaintiff must demonstrate that the
vehicle or specific car part is in fact defective and is the cause of
the damage to either the property or the person.
Breach of Express Warranty
Most cars come with a written warranty.
If the car part is found to be defective, then it is typically
considered to be in breach of the warranty.
Breach of Implied Warranty
While not all cars or car parts come with
a written warranty, most states have established certain standards that
a product must meet. If it is shown that a car part did not meet those
minimum standards, this could be considered a breach of implied
warranty.
Keep in mind that it can very expensive
to try to prove that a manufacturer somehow made a mistake with your
specific part while simultaneously making countless duplicates
flawlessly.
But it is possible that there is already
an existing class action lawsuit. When given the option, if your losses
are small, there is a good chance that it would be more cost effective
for you to join the class action suit. But if your losses were serious
in nature, it is typically in your best interest to file your own case.
For more information about determining liability in the case of a
defective car part, please talk to a product liability and personal injury attorney in Wilmington,visit this website.
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