US consumer protection laws require auto manufacturers to ensure that the cars, trucks and motorcycles they make and sell are safe for drivers and passengers. Unfortunately, not every vehicle available for sale is safe to drive. Whether a design created a dangerous condition, or an error occurred during the manufacturing process, auto defects can result in traffic collisions, injuries, and even fatalities, if you have suffered an injury or lost a loved one in a car accident caused by a defective auto part in Utah, our Salt Lake City product liability lawyers at Eisenberg, Cutt, Kendell & Olson can help you recover the financial compensation you and your family deserve. We can investigate the defect, gather evidence, and hold the at-fault parties liable for their mistakes. Since automakers are backed by powerful legal teams, having an experienced and knowledgeable legal team of your own can help you fight back.
Common types of auto defects our firm handles include, but not limited to, the following:
Liability of Auto Defect Injuries
In most car accident cases, an injured party must prove the other individual or entity’s negligence was the cause of their injury. However, in defective auto part claims, the plaintiff must only show that the vehicle or a specific component was defective and that this condition resulted in injury—this is known as the theory of strict liability. In contrast to lawsuits based on negligence, the injured party doesn’t need to show that the automaker’s actions fell below a specific standard of care.
You must prove all three of the following conditions exist in an auto defect claim:
- There was an “unreasonably dangerous” defect in the vehicle or one of its parts and it occurred either during the design, manufacturing, or handling phase or through failure to warn consumers of the vehicle’s dangerous aspects.
- The defect resulted in your injury while you were using the vehicle in the way it was intended to be used.
- The vehicle did not experience a substantial change of condition from when it was originally sold.
Additionally, the injured party could rely on a breach of express or implied warranty. Since vehicles and auto parts come with written warranties or guarantees, a defect or more is considered a breach of warranty.
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With nearly two decades of legal experience and more than $400 million recovered on behalf of our clients, we know what it takes to get the compensation and justice you and your family deserve. Whether we reach a settlement outside of court or obtain a jury verdict at trial, we will protect your rights and best interests from start to finish, while you make the best possible recovery from injury.
Contact us and discuss your case with Eisenberg, Cutt, Kendell & Olson today.