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Suing your car's manufacturer if you're injured in a crash

A defective product is anything that poses a danger of injury or death. Thousands of Americans are harmed using defective products each year. In some cases, an item isn't properly labeled with the necessary warnings to ensure that its user properly handles it. In other cases, the product functions differently from the way it was intended to, resulting in an individual being hurt.

If you've been injured by a defective product, then you may be able to seek damages based on waging a claim that it had manufacturing, design or warning defect.

As an example of a design defect a car might have, you may have found that a seat belt was created with a breakaway feature that causes it to become unfastened at inopportune moments.

In contrast, a manufacturing defect may be described as a malfunctioning of one of your vehicle's systems. For example, your brakes may cease to function when attempting to stop in an instant.

An example of an ineffective warning is a situation in which a car were to have airbags, yet there wasn't some type of warning advising you of the risks of burns of death by placing your child in the front seat with them.

There are two types of defective products claims, a strict liability and negligence one. To be successful in filing a negligence one, the plaintiff only needs to demonstrate the manufacturer or retailer failed to protect him or her from unnecessary harm.

When a company offers a product for sale, it's assumed that they've done testing to ensure it's reasonably safe and won't cause injuries. If a car, for example, doesn't undergo necessary testing and stalls while in the middle of the road, then it's manufacturer or retailer could be held liable for negligence in this case.

In contrast, with strict liability, a manufacturer can be held liable for any injuries a plaintiff suffers without it being necessary to show that the manufacturer was negligent. This approach to explaining liability is most often used in cases involving injuries resulting from manufacturing defects.

Some of the most serious injuries motorists suffer while operating defective automobiles include fractures, lacerations, amputations, burns and paralysis. If you've been hurt while operating a dangerous vehicle, then a Queens personal injury attorney can advise you of your rights to sue your car's designer, manufacturer or retailer in your respective case.

Source: FindLaw, "Defective products and consumer rights," accessed Sep. 28, 2017

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