Proving a defective auto part caused an accident is challenging but possible. Some avenues allow for compensation if you have suffered a personal injury in Kentucky. A Louisville product liability lawyer can help you find accountability for the damages after an accident results from a defective auto part.
Product liability refers to the laws of accountability for manufacturers, distributors, and sellers of defective products. Proving negligence is unnecessary in product liability claims. A manufacturer may be responsible for someone’s injuries if it can be proven a product is defective, a design defect existed, adequate warnings about the safety of a product were not included, or the product lacked sufficient instructions, and injuries resulted.
As mentioned, most lawsuits are the result of someone’s negligent actions. Proving negligence is required. However, strict liability requires proving that an auto part was defective and that this defect was the cause of the damages.
One way to prove this is by reviewing other accidents and their causes with a car accident attorney. Identifying correlations between car accidents and particular auto parts may be possible. Examples of defective car parts that can lead to accidents include accelerators, ignitions, and brakes.
Many auto parts include guarantees or written warranties. Some laws imply a warranty, requiring the product to be fit for the purpose they are generally used for. A written or implied warranty breach can be determined when a product is proven defective.
An individual may pursue a lawsuit against a manufacturer. However, when there are multiple incidents of injury due to defective auto parts, a class action lawsuit can be the better option, depending on the extent of the damages and the guaranteed settlement amount a manufacturer is offering. These actions have been seen in cases of tire defects.
Sellers are liable under these theories when they distribute items they know to be defective. Proof must exist that a seller knew or should have reasonably known about the defect but continued to sell the auto part anyway. An example might be the continued distribution of tires to customers after a company recall is issued for defects.
Most companies or individuals facing a product liability lawsuit will fight back against the allegations to prevent a payout. Opposing attorneys in a case may try to prove an individual was aware of the defects in a product and chose to use it anyway. It can also be argued that the injured party somehow altered the part, leading to its defect.
A driver’s actions may be blamed for the accident, and even singing out the actions of another driver is a tactic. The outcome in any case will depend on the strength of the evidence to support the claim.
Expert witness testimony can prove the injuries sustained in the accident resulted from the defective auto part. Evidence preservation is critical in any Kentucky defective auto parts case.
Product liability laws are in place for consumer protection when injuries result from defective products. While these cases can be challenging, the team at Meinhart & Manning, PLLC, never backs down in supporting injury victims. Schedule a free consultation to discuss your injuries resulting from a defective auto part in Kentucky.