Long Island, Manhattan Accident Attorney Blog

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for a car defect, you do not need to show that they were careless. Unlike personal injury claims that are based on negligence, liability in car defect cases is controlled by strict liability. Regardless of the steps a manufacturer says it takes in creating or handling a car, you can make a strict liability claim based on a car defect if certain conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The defect may arise from either the car’s design, during handling, manufacture, shipment, or through a failure to warn consumers of a dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict liability claims, particularly if you have owned the car for some time, if it can be shown that you knew about the defect but continued to use the car anyway. This can be established through either the car’s condition or from your description of the use of your car. In some states, a manufacturer or seller may also be able to defend against your lawsuit under the theory that your contributory or comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of awarding more punitive damages for those who have successfully brought a claim against a manufacturer or seller. These punitive damages awards are above and beyond damages to compensate a plaintiff for his or her injuries, and can range into tens of millions of dollars in certain instances. Punitive damages are intended to punish manufacturers and encourage them to fix defects that have resulted in injury. Traditionally, car manufacturers have engaged in what is known as a "cost-benefit" analysis when deciding whether to change a potentially defective design. In this process, the manufacturer will calculate the cost of implementing a design change, and weigh that cost against the potential cost of litigation and settlement after the defect causes injuries. Punitive damages are often awarded in order to add to the potential costs a manufacturer will face if it decides not to fix a design defect, thus shifting the cost-benefit analysis toward the elimination of defects.