Thursday, December 4, 2014
Modern motor vehicles have a number of safety features that simply did not exist even a few decades ago. Between impact warning systems, rear-view cameras, anti-lock brakes, lane departure alert systems, and blind spot monitoring, today’s cars are safer than their older counterparts by almost any measure. In some cases, however, the very systems that are designed to keep drivers and passengers safer may malfunction and cause accidents or injury themselves. When this occurs, victims can often recover for their losses from the vehicle manufacturer or the manufacturer of the safety device that malfunctioned by filing a product liability1 claim. Consequently, anyone who has been injured in an accident involving a malfunctioning safety device should discuss their options with an experienced Florida personal injury lawyer as soon as possible
Product liability claims can result in manufacturer liability
Product liability law is the area of law that allows consumers to hold product manufacturers, designers, and retailers responsible for making and selling products that cause injury due to defects. There are three main types of product liability claims, which are as follows:
Defective design - Defective design claims arise when a product is unsafe for its intended use due to some inherent design flaw. In these cases, every product that came from that design will likely be defective.
Defective manufacture - Defective manufacture claims can arise when a product, while designed well, is made unsafe due to some defect in the manufacturing process. For example, defective manufacture can occur due to the use of improper materials or shoddy workmanship.
Defective marketing (failure to warn) - These kinds of legal claims occur when a consumer is injured by some non-obvious danger posed by a product that could have been easily mitigated by providing the consumer with a simple warning.
Many parties involved in the supply chain could be held liable in a product liability claim, including the designer, the manufacturer, the retailer, or any other business involved in getting the final product to the consumer. Your attorney will be able to inform you as to against whom you may have a claim.
Airbags can cause serious injuries
Although designed to keep drivers and passengers safe in the event of a collision, airbags are also capable of causing serious injury. When airbags deploy, they do so through with explosive force. If the explosive charges are calibrated incorrectly, drivers and passengers can sustain serious injuries including:
- Burns
- Broken bones
- Concussions
- Whiplash
- Facial fractures
People who sustain these and other injuries caused by a faulty airbag may incur medical bills reaching into the hundreds of thousands of dollars. Additionally, victims may miss a significant amount of work or even develop long-term medical conditions that could potentially keep them from returning to work at all. Fortunately, these and other non-economic losses that victims incur can often be compensated through a product liability lawsuit. Among the kinds of damages that may be available in a case arising from injuries caused by an airbag include:
- Lost income
- Medical expenses
- Pain and suffering
- Loss of quality of life
- Loss of future earning potential
- Loss of consortium, for a spouse of a victim
- Punitive damages2
The assistance of an experienced Florida personal injury lawyer can help ensure that you receive the full value of your claim. Victims should be sure to retain legal counsel before making any statements to or accepting any settlement offers offed by an insurance company.
Contact the Dolman Law Group today to schedule a free consultation
At the Dolman Law Group, our attorneys are dedicated to helping people who are injured in preventable accidents recover for their injuries. To schedule a free consultation with one of our lawyers, call our office today at 727-451-6900.
800 North Belcher Road
Clearwater, FL 33756
(727) 451-6900