When people think of car accidents, they usually think of accidents that are caused by drivers who don't drive properly. That, however, isn't always the case. There are some instances in which the car accident can be caused by a defect in one of the automobiles. In that case, the personal injury claim might turn into a product liability claim because of the defect with the car.
What is a car defect?
A car defect is something that occurs that makes the car operate in a manner that is unsafe. There have been several car defect recalls in the news recently. The Takata airbag issues and the incident with the ignition switch malfunctions are two. These defects can occur because of a defect in assembling or designing the vehicle.
What must be present in order for a claim to be made because of a car defect?
The elements of strict liability must be met in order to file the claim. There are three conditions for strict liability. One of these is that a vehicle component or the vehicle was unreasonably dangerous. The second is that you or someone was injured because of the defect while the vehicle was being used as intended. The third is that the vehicle hasn't been changed in a substantial manner since it was sold.
There are several points that you have to consider when you are thinking about filing a claim for a car defect injury. Manufacturers and other parties are going to try to present a defense against your claims. You must be ready to show why those defenses aren't valid.
Source: FindLaw, "Car Defect Injury Claims," accessed Feb. 19, 2016