Can file a claim against an automobile manufacturer for injuries from an accident from a design defect?
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While driving on the freeway, my crossover SUV was struck from behind by a full-size SUV. My vehicle swerved off the road and rolled into a deep ditch. Upon impact with the ground, the top of the vehicle was unable to support the weight of the vehicle. As a result, I suffered a neck injury, and I have been unable to work for six months. Can I sue the car manufacturer for my injuries?
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All U.S. states and the federal government have laws that govern the safety standards of vehicles. Vehicle manufacturers must design crashworthy vehicles that are capable of countering the forces of an accident. Crashworthiness refers to a well-designed vehicle that can protect its occupants from injury. When designing a vehicle, a manufacturer must consider the ability of the vehicle to protect occupants in an accident. A manufacturer that designs a roof that is incapable of supporting a vehicle in a rollover collision may have created a defectively designed product subject to product liability.
Product liability refers to the liability that a manufacturer of a product owes to a person injured by the product. A manufacturer must design and manufacture a product that is free of defects that are “unreasonable safe.” In crashworthy cases, it is often a design that is defective. A design defect is an unintended defect that is the result of a poorly designed plan. A manufacturer has a duty to design a vehicle that is safe for reasonable and foreseeable use, including collisions. Injuries sustained because of a design defect may give rise to a product liability claim against the manufacturer.
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Posted by Jess Mcelrath on 21 Jan 2010
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