According to the U.S. Consumer Product Safety Commission, more than 30 million injuries and 22,000 fatalities result each year from defective products. More than 400 products are recalled from the American marketplace each year as required by the CPSC. While these recalls may lower the risk of injury or death to consumers, the problem is by no means eliminated. Further, with the influx of imports from China and other foreign countries, injuries or death from a defective product will remain a concern.
Defective product cases require especially vigorous trial litigation, and generally take longer than a “normal” personal injury case due to the burden of proof, which must be established. There are a number of defective products associated with automobile collisions, including the following:
Most recently in the news are SUVs which are prone to rolling over, cars sold with tires prone to blowouts, motorcycles which wobble when driven at high speeds, gas tanks located in dangerous areas which cause explosions and faulty ignition switches. In October 2013, Toyota agreed to a settlement in a fatal acceleration crash due to unintended acceleration of a Toyota Camry, which accelerated through an intersection, hitting an embankment, injuring the driver and killing the passenger. The jury awarded the families of the two women $1.5 million each, and found that Toyota had acted with reckless disregard, despite reports of problems associated with certain models. Associated with the Toyota lawsuits, a federal judge in California approved a $1.6 billion settlement in a class action lawsuit against Toyota to compensate vehicle owners who suffered financial losses after unintended acceleration.
Your attorney will be required to identify whether the accident was caused by a manufacturing defect or a design defect; your case will likely require the assistance of expert witnesses as well. Once the defect and resulting injuries are established, then the manufacturer or seller has the burden to show you don’t have a case. In this type of case, misuse of the vehicle does not preclude a lawsuit. Both the designer and the manufacturer must anticipate foreseeable uses, even if they are misuses of the product. If you or a loved one has been harmed by a defective product associated with your automobile, speak to a knowledgeable defective product attorney as soon as possible.
If you have been injured in an accident or someone you love has been killed, the law is on your side. For a free initial consultation with Fuicelli & Lee, PC email us or call (303) 355-7202. You pay nothing unless you receive a financial settlement or award. It is simply the mission of every Denver car accident attorney on the Fuicelli & Lee team to provide the best service possible.
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