Kansas and Missouri Products Liability Attorney
If you have been involved in a Kansas or Missouri car accident and are making a personal injury claim, the first step the court will take is to determine who was responsible for the crash. In some cases, no one actually involved in the incident is found to be at fault rather, the vehicle itself was faulty and the defect caused the accident.
When a defective automobile or car part is found to be at fault, you have a product liability claim. By contacting the Kansas City law firm of Bottaro, Morefield & Kubin, L.C., you'll find an experienced products liability attorney capable of helping you with your claim.
If your car has been deemed defective following a crash, the vehicle manufacturer, defective part manufacturer or the car dealer can be held accountable for your damages due to breach of warranty, negligence or strict liability.
BREACH OF WARRANTY The manufacturer or car dealer can be held accountable for a breach of warranty if the vehicle is unsafe or unfit to be driven. Reasons can include design errors, poor assembly, or components performed improperly. However, a buyer or seller can disclaim all warranties when purchasing a vehicle, therefore it is important that you talk to an experienced Kansas City product liability lawyer at Bottaro, Morefield & Kubin, L.C. who can review all signed documents at the time of the sale and determine if a warranty is still in effect on the vehicle.
NEGLIGENCE A manufacturer or a dealer may be held liable for negligence if the vehicle was poorly manufactured according to the original design, the design was defective, or if any installed components (seat belts, airbags, tires) were inadequate. Negligence also applies if a vehicle was marketed improperly, such as an advertisement stating it performed better in crash tests that it actually did.
STRICT LIABILITY Strict liability only requires evidence that the product in question performed poorly. This does not require that the person bringing about the claim show that a manufacturer or seller was negligent.
Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or defectively produced vehicles can be dangerous and can cause serious injury or death.
Responsibility for Defective Motor Vehicles
The laws governing responsibility for defective motor vehicles and what must be proven in court to establish liability vary from state to state. In most states, the parties who may held liable include:
- The vehicle manufacturer
- The manufacturer of defective component parts such as tires, hoses etc.
- The dealer, if the vehicle was purchased from a dealer
Several different reasons exist for holding a party liable for harm caused by a motor vehicle defect. The three most common legal theories for finding someone liable are breach of warranty, negligence, and strict liability. An experienced products liability attorney can advise you about the rules that apply in your state to your situation involving a defective motor vehicle.
A manufacturer or vehicle dealer, but not an individual who is not in the vehicle sales business, may be liable for breach of express or implied warranty if the vehicle is not fit or safe to be operated as intended. A breach of warranty may occur if there was an error in the design of the vehicle, if a particular vehicle was put together poorly, or if the components installed on the vehicle did not perform properly. However, it is possible for a seller and buyer to disclaim all warranties during a vehicle sales transaction. Your attorney can review all of the documents signed at the sale of your vehicle and all of the surrounding circumstances to determine if there is an express or implied warranty in effect.
A manufacturer or a dealer may be held liable for negligence if the vehicle was not manufactured according to specifications, if it contained a design defect, or if the installed components were inadequate. Negligence may also apply if a vehicle was marketed improperly, such as if a vehicle is shown in advertisements driving at a higher rate of speed than is safe for that vehicle.
Strict liability does not require an injured party to show that the manufacturer or seller of a product was negligent. The injured party needs to show only that the product was unsafe.
Conclusion
Bringing an action for injuries caused by a defective motor vehicle is very complicated. Such an action not only requires thorough legal knowledge of all the rules and laws that apply, but also requires an understanding of the technical, engineering, and scientific principles that go into the manufacture and design of a motor vehicle. If you have been injured by a defective motor vehicle, you need skilled and knowledgeable legal assistance.
An experienced products liability attorney can advise you about the rules that apply in your state to your situation involving a defective motor vehicle.
