With regards to a motor vehicle accident, sometimes the accident is not caused by the negligence of the other driver, but by a defect in the injured party’s vehicle. Sometimes the accident may have resulted due to both a defect in the vehicle and the negligence of the adverse driver. In that event, the injured individual will have multiple causes of actions.
Claims against the manufacturer of a defective vehicle can involve contentions that the vehicle is not “crashworthy”, that the vehicle is unstable resulting in a rollover, that the tires were defective causing a delamination or a blow-out, or that the vehicle failed to function as warranted (defective brakes, defective seat belts, cruise control jams, defective air bags etc.).
Thousands of consumers suffer serious injuries from defective products. Most of these injuries could be avoided if the distributor or manufacturer of these products took additional steps to ensure the safety of their consumers. The main incentive to increase product safety is to avoid potential liability in product liability lawsuits, which provide compensation for the personal injuries sustained from the use of a defective product.
When a consumer is injured by a defective product they may be entitled to receive lost wages, loss of physical capacity, pain, suffering, and mental anguish and compensation for medical expenses. Punitive damages may also be available to punish defendants in those cases involving particularly egregious conduct, which demonstrates a reckless or wanton disregard for the safety of the public.
When an individual is injured due to another’s negligent or otherwise improper conduct, that person may be entitled to receive compensation for medical expenses, loss of physical capacity, pain, suffering, mental anguish, lost wages, loss of future earning capacity, among others.
Punitive damages may also be available to punish defendants in those cases involving particularly egregious conduct, which demonstrates a reckless or wanton disregard for the safety of the public and / or the individual.