![]() "Substantially" means in a way that affects how the vehicle performs.ĭefenses to Defective Motor Vehicle Lawsuits ![]() The vehicle had not been substantially changed from the condition in which it was originally sold.For example, you may not be able to recover if a sports sedan were used to cross a stream. The defect caused an injury while the vehicle was being used in a way that it was intended to be used.delivery from the manufacturer), or through a failure to warn consumers of a dangerous aspect of the vehicle. The defect can come into existence either in the design of the vehicle, during manufacture, during handling or shipment (i.e. The vehicle or one of its components had an "unreasonably dangerous" defect that injured you.Regardless of what steps a manufacturer or dealer says it takes in designing, assembling, or handling a motor vehicle, you can make a strict liability claim based on a motor vehicle defect - without making any showing as to carelessness - if all three of the following conditions exist: Instead, liability in motor vehicle defect cases is controlled by the doctrine of strict liability. Transmission and drivetrain, and other parts and accessories.Īgain, carelessness is not a requirement under the strict liability legal standard.Cooling and temperature control system,.Unlike an ordinary personal injury claim for negligence after a motor vehicle accident, in order to establish a vehicle manufacturer or seller's liability for a car defect, you do not need to show that they were careless. ![]() Motor vehicle defect cases include claims involving not only passenger automobiles, but also motorcycles, trucks, and vans.
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