Motor vehicle accidents can occur for any number of reasons. Unfortunately, the result is often the same, with many collisions ending in serious injuries, or worse. If you suffered severe injuries in a recent accident, chances are, you might be searching for options concerning compensation.
Perhaps the other party did not cause the accident, or maybe there was no other vehicle. Instead, your car suddenly stopped working properly while on the road, resulting in an accident and causing you to believe a defective vehicle part is to blame. If this turns out to be the case, you may have grounds for a product liability claim.
Components of a liability claim
Defective parts within a vehicle can place the safety of the driver and everyone nearby in harm's way. Defects can be present within numerous areas of a vehicle, such as braking or electrical systems, or even the engine. When pursuing a claim against the manufacturer of a vehicle, there are three conditions that must exist before proceeding, such as:
- Dangerous defect: You may carry the burden of proving that the part was dangerous and defective, whether by design or by flaw in the manufacturing process. If a company is aware of the issue, it also has a duty to warn consumers of any potential hazards.
- Injury in use: Proving that your injuries occurred while using the vehicle as intended, and that the defective part is to blame, is another crucial step.
- Condition of vehicle: A common defense to liability is a change in the condition of the vehicle. Proving that there have not been any substantial changes to its condition may be tough, but will likely influence your ability to obtain compensation.
You will likely meet opposition when seeking to hold a manufacturer responsible for a defective product, especially with the potential of increased rewards for punitive damages. Product liability cases can also be exceedingly complex, and having the necessary assistance in place before proceeding with a claim is crucial to the outcome.
Obtaining assistance moving forward
Suffering serious harm due to a dangerous and defective product can be challenging to accept. Perhaps your injuries are affecting your everyday life or have created a need for long-term or permanent treatment. The financial hardships that follow can be significant, and you may choose to pursue compensation through the civil justice system, but the process can be stressful and intimidating.
You could retain the services of an attorney with extensive knowledge of Louisiana state product liability laws for guidance. An attorney can thoroughly examine the situation, advise you on the process of determining liability and assist you in pursuing the compensation you deserve through a claim against the party deemed at fault.