What are Brake Defects?
Brake failures can cause significant injuries to drivers and passengers in vehicles. A brake failure renders a vehicle out of control causing damages to the automobile and others. In order, for injured vehicle owners, passengers, etc to recover they must proceed under a theory of strict liability. What is Strict Liability?
The ability to prove strict liability requires several factors. These include: - The brake and its components had an unreasonably dangerous defect that injured you. The defect could have occurred in the manufacturing, design, shipping, etc. of the component.
- The brakes and its components were being used in the ordinary course of its design and expected use.
- The brakes had not been substantially changed from its original condition.
In addition, many strict liability cases required the presence of expert witnesses and medical personnel. These witnesses will testify as to the extent of injury and the design failures of brakes. What are Defenses to Manufacturers?
A brake manufacturer would be likely to present a defense of contributory negligence. Therefore, a manufacturer would attempt to show that an automobile owner was using the brakes for a long period without service. In addition, if the automobile was being used for purposes that were not in its original design it could prove damaging to a strict liability claim. For instance, if an automobile owner continually took their vehicle in mountainous terrain it might be viewed as unnecessarily wearing out the brakes. What Damages are Available?
Brake manufacturers would be responsible for compensatory and punitive damages. Therefore, manufacturers would be responsible for all past and future medical expenses and other related damages. In addition, brake manufacturers would be responsible for punitive damages that would punish a manufacturer for a failure to fix or recognize serious defects in brake designs. Should I Hire An Attorney?
Products liability cases are extremely complex and requires expert legal advice. An experienced attorney would be helpful in building a strong case. In addition, proving compensatory and punitive damages requires skill and experience. |
