defective equipment

Defective Equipment

When motor vehicle parts are defective in nature or fail to function properly, there is a significant risk of death or injury occurring. A significant cause of motor vehicle accidents due to defective equipment are that companies do not spend the money required to produce safe equipment including adequate air bags, brakes, and seat belts.

Because individuals depend on motor vehicles to operate properly, it is imperative that individuals retain the assistance of a skilled Atlanta personal injury attorney when motor vehicle accidents occur due to defective equipment. In a large number of defective equipment cases, the case must be initiated within a specific period of time, which is why individuals should not hesitate to consult with a skilled attorney.

Examples of Defective Motor Vehicle Equipment

 

Potentially liable parties can include assembling manufacturers, parts manufacturers, retail store owners, wholesalers, and a variety of types of other individuals. There are several ways in which motor vehicle equipment can be defective, which includes the following:

  • Defective Tires. An individual who was injured in a motor vehicle accident that occurred because a vehicle’s tire blew out might be able to hold a motor vehicle retailer responsible for an individual’s pain and suffering due to the accident. In addition to blowouts, tire tread separation is another type of defect that can cause motor vehicle accidents. Separation of tires can occur if there is inadequate bonding of the rubber to the steel belt during the manufacturing process of a tire. Misplaced tires can also result in a car accident due to hydroplaning.
  • Faulty Brakes. Faulty brakes can create catastrophic accidents that injure motor vehicle operators, passengers, other drivers on the road, or pedestrians on the road. Brakes have been known to fail for a number of reasons including: clogged brake lines, faulty design, improper installation, or weak brake shoes or pads.
  • Roof Cave-Ins. Roof cave-ins and crushes are frequently the result of motor vehicle rollovers and often result in individuals being faced with catastrophic injuries and in the very worst cases even fatalities have been known to occur. The metal from the roof of a vehicle as well as the glass from a motor vehicle’s windshield has the potential to cause a variety of injuries for the vehicle’s occupants including brain injuries, deep cuts, fractures, head injuries, and spinal cord injuries.

Other Types of Defective Equipment

 

Defective equipment cases can include any motor vehicle product that is designed, distributed, or manufactured in such a way as to cause harm to consumers and other end users. Other potentially defective equipment can include products like airplanes, industrial equipment, medical devices, and prescription drugs.

The Types of Defective Equipment Claims

 

Defective equipment claims often fall into one of three categories. Each of these types of defective products has the potential to cause serious injuries or even fatalities. These various claims include the following:

  • Accidents due to Design Defects. A product can be dangerous simply because the product’s design has made the product unsafe for its foreseeable and intended use. As a result of design defects, even if a product is manufactured in the exact manner as designed, the product will still cause serious injuries.
  • Accidents due to Failure to Warn. Manufacturers in the state of Georgia are obligated to make sure that products include clear, concise, and visible warnings that outline the dangers and their consequences. For individuals who have been harmed by improperly labeled products or products that did not contain adequate warnings, individual might be able to raise successful failure to warn claims.
  • Accidents due to Manufacturing Defects. If improperly assembled or manufactured, a product or piece of equipment that is often safe to consumers has the potential to result in serious injuries. These types of defects can cause by a variety of errors including malfunction in the manufacturer’s equipment or the inclusion of defective raw materials or sub-components.  

In a large number of cases, individuals can bring products liability claims against manufacturers under a variety of theories which include the three applicable types of law:

  • Breach of Warranty. A defective product case often involves a breach of warranty, which states that an implied or express warranty exists between a consumer and the manufacturer of a product and that a product must be safe for use in an ordinary manner.
  • Negligence. In some types of cases, manufacturers can be held liable under traditional Georgia law regarding negligence, which determines whether a manufacturer took reasonable steps and acted with the necessary caution to make sure that the product was safe for use by consumers.
  • Strict Product Liability. Applicable law in the state of Georgia allows consumers injured by defective products to raise claims against manufacturers which focuses on the product, the product’s design, and how the product was intended to foreseeably work.

The Role of Safety Recalls

 

While valid and successful product liability claims can exist even if a product has not been recalled, the existence of a product recall can prove to be particularly strong evidence. A product recall serves to demonstrate that the manufacturer of a product recognized that the product contains a potentially dangerous defect or fails to meet applicable safety regulations. Safety regulations are issued for numerous types of products and can apply to both entire lines of products or products that were sold in specific regions of the United States. Manufacturers often issue voluntary recalls but often must report these recalls to the proper agencies including the National Highway Traffic Safety Administration.

Contact a Talented Georgia Car Accident Attorney

 

Applicable law in the state of Georgia allows individuals who have been injured in these types of accidents to recover a variety of types of compensation including emotional damages, lost wages, medical expenses, pain and suffering, and property damage. For defective equipment cases involving wrongful death, eligible family members are able to pursue different types of damages that are available under applicable Georgia law. Individuals who have been injured in motor vehicles in the state of Georgia due to defective equipment have discovered that a skilled Georgia car accident attorney can help an individual receive the compensation that is deserved. Yeargan, Barber & Kert works with other experts in accident reconstruction or mechanical engineering to determine if defective equipment contributed to an individual’s motor vehicle accident.

 

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