I believe the car accident I was in was caused by defective brakes. How do I file a claim?

I was injured because of a braking defect in a used car I bought from an auction.  May I recover from the auction dealer through a products liability claim asserting a theory of strict liability?

Answers (1)

You should retain a personal injury attorney with products liability litigation expertise.  The dealer is most likely a candidate for negligence complaint for failing to inspect or discover the brake system defects.   However, the state courts are split on whether dealers in used goods should be subject to strict liability; unfortunately for you, holding them strictly liable appears to be a minority position.  If your state permits you to pursue the auctioneer – a “downstream” seller of the vehicle – regardless of what steps it took in handling the car, you can make a strict liability claim ifall three of the following conditions exist: the product had an “unreasonably dangerous” defect that injured you as a user or consumer of the product, and the defect can come into existence either in the design of the product, during manufacture, or during handling or shipment; the defect caused an injury while the product was being used in a way that it was intended to be used; and the product had not been substantially changed from the condition in which it was originally sold.  “Substantially” means in a way that affects how the product performs.

Contact A Lawyer

0people found this useful

(3 Votes)
Please Log in to answer questions.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Related Links

LA-WS4:0.7.14.100803.9563