The basic elements of evidence that a plaintiff in a products liability action against the seller of a truck or car or manufacture has to establish are that the vehicle as sold contained a defect that created an unreasonable danger of death, property damage, or personal injury when the vehicle was used for its intended objective and that the defect caused a clash or similar incident, such as a vehicle fire, that resulted in the loss for which the plaintiff is seeking to recover damages. Charges of product defect in automotive product liability cases contain inadequacies in vehicle design, problems in the manufacture of vehicle parts and their assembly into a completed truck or car, and failure to warn users of a vehicle about risks inherent in its use.
Claims of design defect in a motor vehicle can entail allegations about many of the vehicles assemblies or parts, singly or in mixture. A few past examples contain allegations that the design of the fuel tank holding strap and its link to the fuel tank allowed the fuel tank to be pierced in a rear-end-crash, that a rear seat belt design created a bad danger of abdominal injury in an accident, and that the place of the fuel tank on a pickup truck failed to give perfect protection against the danger of fire in a side crash. A subset of the full area of design defects involves crashworthiness claims, in which it is alleged that because producers know that trucks and vehicles will be involved in collision in the general course of their operation, failure to design a vehicle so as to give a sensible degree of protection against injury in the event of an accident is itself a design defect that makes liability on the part of the producer. Some courts need the plaintiff in the design defect case to introduce proof of a feasible substitute design that could have been employed in the area of the allegedly faulty design element in a vehicle, while other courts permits a jury to consider design defect claims without necessity for establishing the existence of such a substitute design.
Why choose us for your case?
Automotive products liability cases need complex, specialized investigations and the capability to manage huge document and deposition discovery. The Julian C. Gomez Law Firm, PLLC have board experience in these matters. Our lawyers have defended producers and component suppliers of automobiles, buses, heavy trucks, ATVs, motorcycles and recreational vehicles in lawsuit involving allegations and producing defects, inadequate alerts, consumer fraud, and a breach of warranty.
Such cases generally involve sophisticated engineering and medical problems. We have the experience to perfectly address those problems and to present them in a manner that a jury can know. We have litigated cases involving all aspects of automotive design. We have served as national counsel to automotive producers on such problems as sudden acceleration, vehicle fires and inadvertent movement. And we have tried to verdict cases involving defect allegations related to stability and handling, fuel systems, cruise control systems, roof structures, starter and shift interlocks, transmissions, airbags, seatbelts, seats and brakes.