Suing For A Vehicle Defect
One of the most terrifying scenarios for most drivers is losing control of their vehicle. Vehicle defects that cause an accident can take many forms. Some, such as defects affecting the accelerator of a car, can have catastrophic and obvious consequences. Other times, it’s harder to pinpoint what exactly went wrong, but you are sure that the accident wasn’t your fault. Vehicle defects take many forms which can have harmful or even deadly consequences. If you have been injured as the result of a vehicle defect, it’s important to understand your rights and all available avenues for legal compensation. The information in this article is intended to be general, however, every case is different. The best way to get feedback applicable to your unique case is to consult directly with an experienced personal injury attorney. If you would like one of the experienced Cobb County personal injury attorneys at Hawkins Spizman Trial Lawyers to review the facts of your case, please contact us today to schedule a free consultation.
Bringing a Vehicle Defect Lawsuit in Georgia
Any time that you are injured due to another person or party’s negligence and suffer damages as a result, you have standing to bring a personal injury lawsuit. For instance, if you slip on a wet floor in a store and suffer an injury, the court will have to assess the facts of the case to determine whether the store was negligent in failing to warn of the wet floor. If the store is found negligent, then they will be liable for the harm that you suffered. The process is different with vehicle defects. When a vehicle defect causes your injury, you do not have to prove negligence in order to establish liability. This is because vehicle manufacturers are strictly liable for any harm caused by vehicle defects. This strict liability means that if you can establish that your harm was caused by a vehicle defect, then they will be held liable for the harm. You do not additionally have to establish that the vehicle manufacturer was negligent in causing the defect or failing to remedy it.
Bringing a Successful Product Defect Lawsuit
In order to succeed in a defective vehicle lawsuit, there are a few elements that must be established. First, there must have been an unreasonably dangerous defect in the product that caused you injury. This defect does not have to have occurred during the product design phase, but rather could have occurred subsequent to design and manufacture. Even defects that occur during consumer use or in transit trigger liability. Next, the defect must have caused injury while the product was being used in the manner in which it was intended to be used. Finally, the product cannot have been changed or modified substantially since it was purchased.
Talk to Hawkins Spizman Trial Lawyers
If you have been injured in an Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or greater Georgia area car accident due to a vehicle defect, Hawkins Spizman Trial Attorneys are ready to fight to get you the maximum amount of compensation that you are entitled to. Contact us today to schedule a free consultation and find out how we can take the next step.