Vehicle Rollaway Risk From Faulty Parts
The inherent risk of a vehicle rollaway increases from factors such as faulty parts, defective design, and manufacturing flaws. While most vehicle rollaway accidents are preventable, they are still on the rise today.
How Does a Vehicle Rollaway Occur?
A hazard that is not widely recognized but equally dangerous is the event of parked vehicles unexpectedly shifting out of gear and moving backward or forward without warning. A vehicle rollaway may pose a significant hazard to those surrounding the car during unanticipated movements from slipping out of gear. Such situations may cause property damage to fixed objects and structures, and in other cases, a rolling car may strike an individual.
This danger may be attributed to faulty parts within vehicle gear shifters or defective transmissions. As such, cars may shift into gear with the slightest movement or unexpectedly. For instance, if a motor vehicle occupant is moving inside the cabin and makes contact with the shifter, this may cause the car to slip into gear. In other cases, cars may suddenly move backward or forward when unoccupied and left in park.
Recent Products Liability Case for Vehicle Rollaway
The plaintiff’s counsel is investigating a recent case where an individual’s vehicle was unoccupied and parked but rolled forward suddenly and collided with them. The car allegedly pinned the individual, who was also the vehicle’s owner, against a building’s wall. Plaintiff’s counsel is continuing to investigate the incident to determine if the auto manufacturers may be held accountable through a products liability claim and ensure public safety by preventing similar situations from occurring.
What are the Types of Products Liability Cases?
The plaintiff must demonstrate through clear and compelling evidence that the product in question was faulty in some way and that the defect was the cause of the subsequent incident causing harm. In the case of a motor vehicle and rollaway risk, it must be proven through substantial evidence that there was a defect in the vehicle itself or its components. General products liability cases include:
- Design: A flaw in the product’s design may make it unreasonably dangerous for consumer use. As such, the plaintiff must demonstrate that the product design was inherently defective and that the manufacturer should have implemented an alternative, safer design for consumer safety.
- Manufacturing: During the manufacturing process, an error or flaw may occur, making a product differ from others in the same production line. As such, the plaintiff must prove the existence of a defect in the manufacturing process and that defect was the cause of the injury or death that occurred from intended product use.
- Warnings: Despite a product not being defective and presenting inherent dangers, a manufacturer may still be held accountable if the safe use of the product is not substantiated by sufficient warning labeling or instructions. The plaintiff must show that inadequate product warnings or instructions failed to prevent foreseeable harm to consumers from the intended use of the product.
In a products liability case, the burden of proof generally falls on the plaintiff and legal counsel to establish elements of strict liability. Collecting and preserving evidence in support of the case is essential. As such, it is helpful for claimants to work with an attorney experienced in California products liability law as these matters may be challenging and require a lawyer who is well-versed in the field.
California Products Liability Cases and Strict Liability
Manufacturers, sellers, distributors, retailers, wholesalers, and other parties are responsible for ensuring product safety. Standards are in place for consumer protection from inherently unsafe products. As such, an entity may be held liable if a product on the market causes harm to an individual. Products liability cases are generally subject to a time limit of two years. This is outlined in the California Code of Civil Procedure Section 335.1. If the statute of limitations is not met in the case, the court may dismiss the matter. This may prevent a claimant from accessing the available legal remedies.
Products liability rules in California follow a system of strict liability. As such, the elements required in these cases include causation and damages. Parties that may be held liable include the manufacturer, seller, distributor, and other parties of interest for the product. There is substantial time and effort to prove that a product was designed or manufactured with a flaw or had insufficient warning labeling that resulted in injury or damage. An injured party or surviving family member will likely require the assistance of an experienced California products liability lawyer in this process.
Why is it Important to Preserve Evidence?
Preservation of evidence is necessary in an auto products liability case. An independent examination by an expert witness is necessary to uncover evidence of malfunctions, defects, and other issues. This may help build a strong case and help a claimant receive the financial recovery they rightfully deserve. In the case of a vehicle rollaway, it is of utmost importance to keep and preserve the car in its original state for a skilled attorney and their team of experts to examine in detail. For more information, contact an experienced products liability lawyer near you for a free consultation.
Products Liability Lawyer in Sacramento
If an individual was injured or a family was deprived of a close relative due to a vehicle rollaway or another type of car accident, they may be able to seek financial compensation for their losses. If this has happened to you and your family, our legal team at AutoAccident.com is available to help with your potential case. Our Sacramento products liability lawyers are available to provide free, friendly case advice when you need it. Dial (916) 921-6400 or (800) 404-5400 to schedule a free consultation with a member of our team today.
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