Charlotte Automotive Products Liability

Some Charlotte automobile accidents may be caused by poorly-designed vehicles or defective or malfunctioning component parts of an automobile. Victims injured in accidents caused by defective products are often entitled to bring suit against product manufacturers. Products liability is the area of law that deals with the liability of the manufacturer, wholesaler, or retailer of a product for injuries resulting from use of that product. This includes the manufacturer of component parts of the automobile, the assembling manufacturer, the wholesaler, the retail dealer who sold the automobile to the end user, and any other party in the distribution chain. Product manufacturers are generally held liable for unsafe products under the legal theory of “strict liability.”

Strict liability is the term used to describe situations in which a person or entity can be held responsible for injuries caused to another, even in the absence of negligence or other fault. Strict liability means “liability without fault.” Therefore, the manufacturer of the defective product is liable regardless of negligence or intent to cause harm to users of the product . The law often imposes strict liability to manufactured parts or products, under the law of products liability.

A defendant in a products liability claim will be held liable for damages to a plaintiff if it is found that the product is defective, regardless of the level of care the manufacturer or supplier exercised during the design and manufacturing process. As such, a plaintiff in a products liability lawsuit does not have to prove negligence, but must only demonstrate the following:

1. A defect in the product caused the accident.

2. The product was being used in a manner consistent with the way it was meant to be used.

3. The product was not substantially altered between the time it left the manufacturer’s control and the time it reached the user.

When making a claim for strict liability in a products liability case, it is necessary to prove that the automobile or one of its component parts was defective by proving that it was “unreasonably dangerous for its intended use.” In general, the following types of defects may render a product unreasonably dangerous:

• Manufacturing Defects: These occur when there is an error in a product’s manufacture or assembly. Manufacturing defects typically occur in a relatively low number of units of a given product because the defects occur at different stages of the manufacturing process. Any number of problems can occur during production and assembly of a complex product – a screw may not be adequately tightened, a bolt may be missing, wires may be crossed, or pieces may be incorrectly soldered. As a result, the automobile or component part comes off the assembly line in defective condition.

• Design Defects: This occurs when an injury results from faulty product design. Design defects are inherent flaws in the design of a product, such that even if a product is assembled and produced perfectly, it will always come out of the factory in a dangerous condition.

• Failure-to-Warn Defects: When a car manufacturer fails to warn customers about known hazards that may potentially cause them harm while operating the vehicle, it is called a failure-to-warn defect. For example, if a manufacturer sells an automobile with front and side airbags without warning of potential dangers these may pose to children riding in the front seat, the customer may have a products liability claim if his or her child sustains an injury as a result.

If you were injured in an automobile accident that was caused by a manufacturing or design defect, consult an experienced Charlotte auto accident attorney immediately. The Charlotte car accident lawyers at Auger & Auger Law Firm can ensure that the evidence is properly preserved and promptly examined by scientific experts. Call 1-800-977-7396 for a free initial consultation.