Methods of Recovery Products Liability
SUV rollover litigation usually begins by suing all those in the chain of commerce of the SUV including the dealer, a wholesaler, if any, and the manufacturer. Ultimately, the manufacturer (who is also usually the designer) is responsible to make sure the SUV they bring to market are not defectively designed or manufactured. This area of negligence law is called products liability. Products liability holds all those in the chain of distribution responsible to the injured victim. The parties other than the manufacturer, like Ford and Toyota, may seek indemnification and contribution from the manufacturer. The most important step in determining whether you may have a products liability case is to hire the Atlanta products liability firm McAleer Law.
While some may think that if they simply write or call the manufacturer and complain of injuries that the manufacturer will simply cut them a check. The opposite is true. It is evident that that more and more cases are being tried on their technical merits before juries rather than even settling outside of court and automobile manufacturers are defending claims with large amounts of scientific and technical evidence and expertise, though some of the science they rely upon has been shown to be junk science.
Unlike simple negligence cases, when you sue a SUV manufacturer, for product defects, you may be able to sue under a strict liability theory. However, SUV rollover claims against a vehicle manufacturer are usually based upon crashworthiness issues and issues involving vehicle instability at high and low speeds.Crashworthiness
The crashworthiness principle can make SUV manufacturers responsible if the SUV makes the injury worse than it normally would have been under the same set of facts and circumstances considering an SUV that was deemed crashworthy. Diminished crashworthiness can be caused by a defective seat belt, a defective seat locking mechanism, lack of safety cage protection, or a weak roof that too easily caves in and causes head injury in a rollover crash.
The most common crashworthy claims that are typically successful are defective seats or seat locking mechanisms, defective seatbelts, roof intrusion or crush, and lack of side impact protections.
Georgia law on crashworthiness states that if a jury finds, by a “preponderance of the evidence that the automobile in question contained a manufacturing defect, design defect, or defect due to inadequate warning that was a substantial factor in causing the plaintiff’s injuries to be more severe than they otherwise would have been from the accident or collision, then the defendant manufacturer is liable, and the plaintiff is entitled to recover, regardless of who was at fault in causing the accident or collision. If the jury finds that the injuries suffered by the plaintiff resulted from the combined acts or omissions of two or more defendants, then all the defendants found liable are jointly and severally liable for the injuries. If a defendant manufacturer seeks to limit its liability for the plaintiff’s injuries, the manufacturer must prove by a preponderance of the evidence a reasonable basis for attributing responsibility for all or part of the plaintiff’s injuries to the effects of the accident or collision and not to any defect found to exist in the automobile.”
Don’t leave the success of your SUV or car design defect case to chance. We are Georgia SUV Rollover attorneys located statewide and practice in all Georgia courts. Do not let the statute of limitations expire on your SUV case. Instead, immediately contact an SUV rollover attorney to discuss your legal rights and to start protecting your family’s financial interests. Call us now at 404.MCALEER.