Have you heard the story about Toyota’s design of the 1996 Camry
that contributed to a fatal
motor vehicle accident killing three people and seriously injuring two others? Allegedly, there
was an acceleration defect in the car that prevented the driver from stopping
his car. A federal jury recently came to a resolution that the automaker
is liable for approximately $11 million in damages to the victims.
This is a typical example of a products liability case involving a design
defect of a vehicle. This occurs when there is a problem with the design
of an automobile part that makes it inherently dangerous to use such as
a poorly designed accelerator pedal.
Have you or a loved one sustained serious personal injuries due to a car’s
defective design? If so, you may be entitled to compensation for medical
bills, lost earnings, and pain and suffering.
Experienced Poughkeepsie attorneys know that dangerous car accidents are commonly caused by motor vehicle defects.
Perhaps you’ve heard about the controversy surrounding Honda’s
flawed air bag unit manufactured by Japanese auto parts maker Takata Corp.
These exploding air bags have allegedly caused at least four deaths and
more than a hundred injuries. This is a typical example of a manufacturing
defect. This occurs when an automobile part is improperly manufactured
and departs from the manufacturer’s intended design.
Owners of vehicles can also become liable for injuries of another through
improper maintenance of their cars such as failing to have old tires changed
or arrange for a routine inspection of brake pads.
Offending parties can be held liable under the legal theory of products
liability and negligence.
products liability claim typically arises when a defective or dangerous product causes personal
injury to the consumer. In the case of manufacturing and design defects,
liable parties may be the manufacture, distributor, supplier and anyone
in the chain of distribution. These types of cases can be very complex
and can involve class action suits.
A claim for negligence can arise from a driver’s improper maintenance
of a motor vehicle.
Negligence is an act or omission that causes foreseeable harm to another person.
In order to determine if the offending party is negligent, a “reasonable
person” standard is applied. For example, if a reasonable and prudent
vehicle owner under like circumstances would have had his brake pads inspected
immediately after hearing brake-related screeching sounds, but the offending
party did not, that party could be found negligent.
Learn more about the most common triggers of car accidents that every driver
should know in
our article posted here. Read about how distracted driving is a form of negligent behavior in
our blog post available here. Learn about how debris and obstacles on the road can cause serious personal
our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.