Elements of a defective motor vehicle products liability claim

Products liability claims walk a fine line between consumer protection law and personal injury law. On one hand, a product may be defective and may not be what a consumer intended to purchase when they acquired it. On the other hand, the defect that the product suffers from may make the product dangerous to the consumer who uses it.

Products liability claims can be based off all kinds of defective products, including vehicles. When a car or truck suffers from a design, manufacturing or warning defect, it may be recalled by its maker so that the issue can be remedied. However, it is often the case the victims are hurt before these defects are discovered and families in Kentucky and elsewhere are suffering from the financial and emotional challenges of coping with serious injuries caused by the defective vehicle.

When a defective motor vehicle causes an injury to a person, it is not necessary for the victim to show that the automobile maker was careless or negligent in their creation of the car. Instead, strict liability may control the claim. The victim must show, though, that the identified defect was “unreasonably dangerous,” that the defective part caused their injuries, that they used the car as it was meant to be used and that they did not substantially modify the car.

Vehicle defects can exist in all parts of automobiles. When components in cars fail, drivers and their passengers can be put into situations of extreme harm. Their losses may be compensable, though, through personal injury actions based on products liability laws and the defects present in their motor vehicles.