Automotive Product Liability

VEHICLE DEFECT INJURY LAWYER

Motor vehicles are part of our everyday life. We rely on them to drive around the neighborhood, to run errands, and to commute to and from work. We use hired ride services like Uber and Lyft to take us places safely. We expect that the cars and trucks we use are safe. There are federal and state regulations which help ensure that vehicles are safe when on the public roadways. These laws also provide for compensation for victims who are hurt because of vehicle defects.

Our automotive product liability lawyers can help file product liability lawsuits and claims when vehicle defects cause injury or death. While accidents may cause smaller injuries, vehicle defects could cause a victim to sustain injury far greater than they would have otherwise expected to sustain, or even worse can kill an occupant or passenger. If you were hurt in Toronto because of a malfunction in your car, or a loved one was killed because of a car defect, call one of the automotive product liability attorneys at the Andrew & Merilyn Associates today for a free consultation at (647) 953-1844.

Our product liability lawyers filed one of the first Federal lawsuits against Honda and Takata, and we handled a significant number of airbag injury claims against Takata, Honda, FCA and other manufacturers. Our cases were cited by Canada Congress, and helped lead to one of the largest consumer product recall in Canadian history with nearly 80,000,000 vehicles recalled.

WHAT MAKES ANDREW & MERILYN ASSOCIATES DIFFERENT TO HANDLE YOUR AUTOMOTIVE PRODUCT LIABILITY CASE?

$Millions – Recovered in Product Liability Claims
AV-Preeminent – Peer Review Rated By Martindale-Hubbell
No Fee Guarantee – No Fees Or Costs Unless We Win

WHAT AUTOMOTIVE PRODUCT LIABILITY LAWSUITS HAVE YOU HANDLED?

Many Toronto Personal Injury Lawyers may be able to help with a typical car accident claim. However, if the vehicle itself caused or contributed to the driver or passenger’s injury or death, consider an attorney with experience in automotive product liability. Our vehicle product liability lawyers have handled cases around Canada. Some examples of the cases we can handle include:

Airbag shrapnel injuries – Airbags are supposed to lessen the impact of a severe car accident by cushioning the blow to the driver or passenger. Airbags may have defects which can seriously injure or kill the vehicle occupant. For example, if the airbag ruptures and pieces of metal from inside the airbag shoot out and hurt or kill the occupant, you may have a claim for compensation as that is not generally supposed to happen after a crash. Hundreds of complaints have been made for vehicle occupants injured by ruptured airbags.

Tire tread separation – New and used tires may have tread which can separate from the tire if they are not manufactured properly. They could have a sealant which does not work right, or could have a defect in the design making the materials used to adhere the tread to the tire to be insufficient. Car mechanics may also try to retread tires themselves in order to make money selling cheaper tires, but those tires may not be retreaded properly. If you were a driver or passenger in a car or on a motorcycle who was injured, or a loved one was killed, when the tread on a tire separated and caused a vehicle crash, you could be entitled to significant compensation.

Inadvertent airbag deployment – Our vehicle defect lawyers have handled numerous claims around Canada on behalf of vehicle occupants with severe burns or fractures from airbags which deploy without any accident. The airbags deployed as the drivers were travelling down the road. Inadvertent airbag deployment can occur because of a mechanical or sensor issue with the vehicle’s airbag module.

Seatback failure – After an accident, the seat is supposed to remain intact to help protect you from serious injury. A design or manufacturing defect could occur causing the seat back to break, leading to serious injury or death of a vehicle occupant.

Seatbelt failure – Seatbelts have been shown to reduce the risk of death or serious bodily injury. If the seatbelt fails to lock in place during a crash, the vehicle occupant can be seriously injured. Seatbelt failures can result from a design or manufacturing defect.

Vehicle crashworthiness – A vehicle is supposed to be designed to protect the occupant in a crash from serious injury or death. Unfortunately, some vehicles have fault areas which they could have designed better based on alternative available designs, or use materials which are cheap to save money, putting the vehicle occupant in danger.

Self-driving vehicle crash – As vehicles continue to add automation and self-driving features, the risk of serious bodily injury and death may arise because these products are designed by humans who can make mistakes. Product liability attorney Mr. Adam Weiner was published in Westlaw Journal Automotive for his article titled Automotive Product Liability For Self-Driving Vehicles. Self-driving vehicles may crash more often as their use becomes more commonplace. Different car manufacturers filed patents disclosing issues with self-driving technology, yet other companies are already putting autonomous vehicles into the marketplace.

Sensor defects – Vehicles with automatically closing doors generally have sensors to detect if an occupant is in the way which should prevent the doors from closing. Recent vehicle recalls revealed that these sensors may not always work and could put the occupant at risk of serious bodily injury or death.

Maintenance defects – If a vehicle goes in for repair or maintenance and the service mechanic fails to put the tire back on properly and then tire falls off while the driver is driving away, the autobody shop may be liable for all injuries and expenses sustained by the driver or occupant. Our office handled a case on behalf of a nice lady whose tire fell off as she turned the corner leaving a body shop.

Failure to fix a recalled part – If your vehicle had a part recalled and you brought it in for service, but the part was not properly fixed and you were ultimately hurt as a result, you could have a claim against the dealership or manufacturer for your injuries.

Sudden vehicle shut-off – Vehicles with certain defects could shut off while someone is driving which can lead to an accident. If you were hurt after a vehicle shut off suddenly while driving for a reason not caused by running out of gas, you could be entitled to compensation for any injury or the loss of a loved one for a mechanical or electrical defect.

Sudden vehicle acceleration – Numerous vehicles have been recalled because of a defect causing the vehicle to suddenly accelerate without the driver pushing the gas pedal. This defect could cause a serious crash, leading to catastrophic injury or wrongful death.

Loss of power steering – Mechanical defects could cause a vehicle’s power steering to stop working while the vehicle is being driven. This could lead to serious bodily injury or death of the vehicle gets into an accident because of the loss of control.

Other vehicle defects – If you were hurt in an accident and sustained more injuries from the vehicle defect than you should have sustained in the ordinary accident, you may be entitled to compensation for those enhanced injuries.

AUTOMOTIVE PRODUCT DEFECT COMPLAINTS

Vehicle owners can file complaints with the National Highway Transportation Safety Administration. If enough complaints are made, NHTSA may investigate the root cause of the alleged defects and can help get vehicles recalled and fixed. Some investigations NHTSA opened include:

MY 2014 -2018 Ram 2500-3500 w/4×2 Style Drag – Steering loss due to linkage separation
2012 – 2013 Range Rover Evoque – Loss of Brake Power Assist
Selected MY 2009-2016 GM models – Seat belt anchor cable failures
2008-2013 Toyota Highlander – Upper Steering Column Separation
2013-2015 MY Honda Accord – Loss of Direction Control

COMMON AUTOMOTIVE DEFECT INJURIES

A manufacturing or design defect in an automobile or motorcycle can cause severe injury or even death. A victim could sustain any of these injuries in a car accident in Toronto from a vehicle defect:

Shrapnel injuries – Vehicle drivers and occupants can be struck by broken pieces of the airbag inflator, or interior of the vehicle.

Blunt force injuries – If an airbag deploys at a greater speed or force than it is supposed to, it can cause catastrophic injuries like a fractured neck and paralysis.

Death – A vehicle or part failure could cause a serious crash leading to the death of a loved one.

Broken bones – If a car safety feature, airbag or tire fails during a crash, a driver or passenger could suffer broken bones requiring surgery and causing significant pain and suffering.

Burns – Automotive defects could cause fires or friction burns which could result in scars, surgery and permanent discoloration.

Brain damage and coma – Vehicle defects could result in a driver or passenger suffering brain damage from a car accident or vehicle malfunction.

HOW DO I KNOW IF I QUALIFY FOR AN AUTOMOTIVE PRODUCT LIABILITY LAWSUIT?

When you contact our office, our automotive product liability lawyers will evaluate your case to see if you may qualify for compensation for your injury or the wrongful death of your loved one. Each case is different and some cases have certain elements we need to prove to be able to bring a claim. If you still have the vehicle, you should preserve it as best you could.

THINGS TO DO AFTER A CAR ACCIDENT INVOLVING A MALFUNCTION OR DEFECT

There are ways you can help bring the strongest case possible if you were hurt in a car accident because of a malfunction in the car or if you lost a family member in a car crash due to a malfunction. Some things you could do may include:

• Take photographs of the vehicle on the inside and outside, and close up of the alleged defects.
• Take video around the vehicle and inside the vehicle.
• Preserve the vehicle by keeping it away from anything that could change its parts.
• Do not remove or alter the vehicle so that it is as close to the post-accident condition as possible.
• Do not give a statement to any insurance company before speaking with your product liability attorney.
• Gather any pre-accident maintenance records.
• Make a list of all of your medical providers.

CAN I BRING A PRODUCT LIABILITY CLAIM IF I AM ALREADY PURSUING A CAR ACCIDENT CLAIM?

Oftentimes when someone is hurt or killed in a car accident in Toronto, or Florida or across the US, they may contact a car accident lawyer if someone else was at fault. When that happens, the car accident lawyer may try to settle the personal injury part of the case. However, you generally cannot get paid twice for the same injury. It is strongly advisable to have a lawyer who can handle both the car accident and product liability claims together in order to properly evaluate your injuries and liability questions. Some claims must be brought at the same time or you could forfeit your right to make the other claim. Sometimes a release signed in the car accident claim could also cause you to forfeit your right to bring a product liability claim. These are some reasons you should consider having the same lawyers handle your car accident and product liability claims.

WHAT COMPENSATION CAN I GET IF I WAS HURT BECAUSE OF A VEHICLE DEFECT OR MALFUNCTION IN Toronto?

Toronto product liability law provides that a victim injured because of a vehicle malfunction or product liability may be entitled to certain monetary awards. If someone dies in Toronto because of a vehicle defect or malfunction, Toronto product liability law also provides for certain compensation for a Toronto wrongful death caused by a vehicle malfunction. These may include:

Pain and suffering – A victim of crash caused by a manufacturing or design defect may be entitled to money for both past pain and suffering, and any future pain and suffering they are reasonably expected to suffer.

Burn treatment – Burn victims may require medical treatment to help repair the wounds, and may need scar revision surgery or procedures. If a defect causes these injuries, the car company may have to pay for these treatments.

Wage loss – If you lost work or the ability to work because of your injuries, you may be entitled to compensation for your lost income.

Medical expenses – If a vehicle defect caused your injuries, the car manufacturer may be responsible to pay for your medical treatment, and even your future medical treatment related to the incident.

WHO IS RESPONSIBLE IF A CAR MALFUNCTIONS AND CAUSES A CRASH?

Under Toronto and many other state laws, the car manufacturer, body shop and dealership may be responsible for your injuries or the wrongful death of a loved one. You may be entitled to make a claim for compensation or for pain and suffering for the death of a family member caused by a vehicle defect.

AUTOMOTIVE PRODUCT LIABILITY ATTORNEYS SERVING Toronto

Our Toronto product liability lawyer handles injury and wrongful death cases caused by a vehicle manufacturing or design defect throughout the US. If you or a loved one was injured in a car accident caused by a defect or a loved one was killed, you may be entitled to compensation. Call us for a free consultation at (647) 953-1844 or chat with us on our website. We want to help fight for your rights to get you the compensation you deserve.