Product Liability Claims Involving Vehicle Defects

When any kind of vehicle (or vehicle component) is found to be defective, it can lead to a recall and a headache or two for vehicle owners. In some situations, a vehicle defect can lead to property damage, or can even play a part in causing a car accident.

Let's take a closer look at vehicle recalls and defects, and discuss some common key issues in legal claims over harm caused by vehicle defects.

What Are Some of the Most Serious Vehicle Recalls and Defects?

Vehicle recalls are very common, and most don't involve an issue that's likely to lead to a traffic accident or any kind of injury.

A recall is typically initiated by a vehicle manufacturer, who sends a notice out (via email or traditional mail) to owners of affected vehicles, with instructions on how to proceed. The National Highway Traffic Safety Administration (NHTSA) lets vehicle owners and others Search for Vehicle/Equipment Recalls online.

Some examples of motor vehicle defects that have been the subject of both recalls and injury lawsuits in recent years include:

• vans, SUVs, and all terrain vehicles (ATVs) that are prone to rolling over
• gear shifter defects resulting in "rollaway" accidents
• improperly-manufactured/performing airbags
• vehicles that accelerate unexpectedly, and
• problems with electric vehicles' "autopilot" features.

Vehicle Defect Claims and "Product Liability"

When a vehicle defect causes some type of injury or other harm, the vehicle owner (or anyone injured because of the defect) might be able to file a lawsuit against the manufacturer and/or the seller of the vehicle.

These kinds of lawsuits are based on a legal theory known as "product liability," which seeks to hold businesses big and small responsible when:

• their products are improperly designed
• there's a mistake in manufacturing of a product, or
• consumers weren't properly informed of risk associated with using a product.

Types of Product Liability Claims Involving Motor Vehicles

Product liability claims involving motor vehicles typically come in two varieties:

Defectively manufactured vehicles or vehicle parts. This type of claim involves vehicles or vehicle parts that have been improperly manufactured in some way. This may be the result of an error at the manufacturing facility where the vehicle or part was made, or a problem that occurs during shipping or at the dealership or supply.

Vehicles with an unreasonably dangerous design. This category of claims involves vehicles or parts that, although properly manufactured, have an unreasonably dangerous design that results in injury or other losses ("damages" in the language of the law). Sometimes these cases involve vehicles or parts that have been on the market for some time before it is discovered that they are dangerous.

Learn more about types of product liability claims.

Identifying the Potential Defendants in Your Defective Vehicle Case

Be sure to identify and include in your lawsuit all potential defendants in your case. (Learn more about who to sue over a defective product.) This usually means including all participants in the "chain of distribution" of the motor vehicle or vehicle part involved in your case—that is, the path the vehicle or part takes from the manufacturer to the consumer.

In cases involving motor vehicles, the chain of distribution usually includes several potential defendants (there may be more than one defendant in any given category):

Manufacturer. In product liability cases involving motor vehicles, the manufacturer is typically a large company. This means it may have more money to compensate you for your injuries. But it also usually means they'll be able to hire a team of high-priced lawyers to defend the case.

Parts manufacturer. If your case involves a defective part, such as a vehicle's tires or a battery, be sure to include the manufacturer of that part if it's distinct from the vehicle manufacturer. A lawyer would likely advise you to sue both the vehicle manufacturer and the manufacturer of the defective part, unless you bought the defective part separately (a replacement set of tires, for example) in which case the vehicle manufacturer isn't part of the chain of distribution and probably wouldn't be liable.

Car dealership or automotive supply shop. Whoever sold the vehicle or the specific defective part may be liable to you for your losses even if you weren't the actual buyer. To learn more about this, see "What If the Defective Vehicle Didn't Belong to Me?" below.

Used car dealer. Even if the vehicle involved in your case was bought used, the dealer who sold it may be liable in certain cases. This is a developing area of the law and may vary from state to state depending on the specific circumstances of your case.

If a Recalled Vehicle Causes Injury, Does That Help a Lawsuit?

Evidence that a vehicle was recalled doesn't make the manufacturer automatically liable in a lawsuit over injuries linked to the defect. The claimant still needs to:

• establish the existence of the defect, and
• show that the defect caused the particular injuries or other losses being claimed.

Of course, evidence that there was in fact a recall can help establish the existence of the defect. But some courts won't allow evidence of the recall to be admitted as part of the case. Get more details on proving a product liability case.

Does a Recall Help the Manufacturer In a Vehicle Defect Case?

Similarly, a vehicle manufacturer can't simply show that a recall was announced and that attempts were made to fix the problem, and use that as a defense to the injured person's claims. It might help the manufacturer's position if it can show that the injured person actually received the recall notice and actively ignored the manufacturer's instructions on how to proceed with getting the vehicle fixed, but it's not a proverbial "get out of jail free" card.

What If the Defective Vehicle Didn't Belong to Me?

Even if the defective vehicle involved in your case didn't belong to you, you may still have a valid product liability claim. For example, if you borrowed someone else's defective vehicle, or you were injured by a defective vehicle driven by someone else (as a passenger or pedestrian), you may still have a valid claim, and should be sure to include any and all of the types of defendants we discussed above.

Is It a Product Liability Claim or a Car Accident Claim?

The answer here depends on the specific circumstances of the accident or incident that led to your injuries or other losses. Among the different factual possibilities, a vehicle defect can lead to:

• a single-vehicle accident
• a crash involving more than one vehicle, or
• only property damage.

If you were involved in a traffic accident and either you or another driver was driving a defective motor vehicle, you may have both a product liability claim against the manufacturer (as well as other potential defendants discussed above) and a negligent driving claim against the other driver (in other words, a routine traffic accident claim).

The legal basis for a defective product claim is somewhat different from a negligent driving claim. (Learn more about car accidents caused by negligence.) Fortunately, you don't have to choose one liability argument at the outset of your case. As long as there's a reasonable legal basis for doing so, you can include every potential type of legal claim (and every potential defendant) in your lawsuit over your car injuries. Figuring out the best strategy is part of your lawyer's job.

Getting a Lawyer's Help With a Car Defect/Car Accident Case

There are some kinds of legal matters you can safely handle on your own, but a lawsuit over injuries caused by a vehicle defect isn't one of them. These kinds of cases are complex on almost every front, and if you end up going to court, you're likely to find yourself up against a vehicle manufacturer with all the money and time in the world to fight your claims.

There's simply no substitute for a lawyer's experience in building the best product liability case, and their willingness to battle it out. Along those same lines, if you discuss your potential vehicle defect case with several different lawyers, and they all choose not to represent you, it might be time to reconsider your options.

Learn more about finding and working with an injury attorney.