People are injured by faulty or defective products everyday and often times the manufactures of these products can be held liable. If you have been injured by a manufacturer’s product, you deserve the help of the experienced personal injury attorneys at Colombo Law.
The German car company Volkswagen has admitted to cheating emissions tests in the U.S. According to the Environmental Protection Agency (EPA), cars being sold in the United States were equipped with devices in their diesel engines, which could detect when they were being tested. These devices would then change the performance of the engine accordingly, to improve results. The EPA stated that Volkswagen equipped cars with computer software that could sense test scenarios such as speed, engine operation, air pressure, and even the position of the steering wheel. When the cars were operated under controlled laboratory conditions, which usually involves the vehicle being put on a stationary rig, the device would put the vehicle into a type of safety mode, causing the engine to run below normal power and performance. Once back on the road, the device would switch the vehicle from this test mode and back to normal. This resulted in the engines releasing nitrogen oxide pollutants up to 40 times above what is allowed in the U.S., when not in this test mode.
When are Manufacturers Liable in a Car Crash?
When you are injured by or suffered damages as a result of a defective motor vehicle or part, you generally have claim for product liability against the manufacturer. Product liability claims that involve motor vehicles come in two types: defectively manufactured vehicles or vehicle parts, or vehicles with unreasonably safe design. Defectively manufactured vehicles or vehicle parts claims are the type of claims that involve parts or vehicles that have not been properly manufactured in some way. This could result from an error at the manufacturing facility itself, or can also be a problem that occurs during shipping, or the dealership. Claims that cover vehicles with an unreasonably dangerous design involve vehicles or part, that although they have been properly manufactured, have an unreasonably dangerous design that results in injury or other damages. These types of cases can often involve vehicles or parts that have been on the market for a significant period of time, before the danger is discovered.
Identifying Defendants is Important
It is important in any manufacturer liability case that all of the potential defendants are identified. This usually includes, but may not be limited to, all participants in the ‘chain of distribution’ of the motor vehicle or vehicle part that is involved in your case. In the case of a motor vehicle, potential defendants generally include:
- Parts manufacturer;
- Car dealership or automotive shop;
- Shipper; and/or
- Used car dealer.
If you have been injured or suffered damages as a result of a defective motor vehicle or motor vehicle part, you should contact Colombo Law today. Our team of experienced personal injury attorneys can help you with your claim.