Car accidents often happen because of driver errors, but sometimes, an accident occurs because of a defect in the vehicle or its parts. Accidents caused by defects can happen suddenly with terrible results.
The automotive defect lawyers at Hecht, Kleeger & Damashek, P.C. understand New York product liability law. They also know how to fight for the money you deserve for your injuries. We’ve helped clients get millions of dollars after being hurt by defective products.
Contact us for a free case review. Call (212) 490-5700 today or use our online form to schedule a consultation.
Car Accidents and Product Liability
You may be familiar with liability cases involving hot coffee, asbestos, and cigarettes. They also apply to cars and vehicle parts. For example, Toyota agreed to pay more than a billion dollars to settle claims related to accidents and deaths caused by a sticky accelerator pedal.
State laws protect the public from unsafe products. Those who design, make, or sell defective products may be liable for any harm they cause. Defects can be in the design, manufacturing, or warning of the product.
Defective Design
Cases involving defective design are those where nothing was wrong in making the automobile or its parts. Instead, something in the design led to a failure. One example includes fuel tanks pierced in rear-end collisions because of the fuel tank holding strap’s defective design. Another example may be a poorly designed seat belt that caused injuries.
Defective Parts
Defective parts could be related to poor design or lousy manufacturing. Common defective parts include airbags, seatbelts, tires, and brakes.
Defective Warnings
While not as common, failure to warn cases do occur in the auto industry. One example includes failure to warn about the dangers of putting children in the front seat with airbags.
Common Auto Defects
- Airbags
- Brakes
- Tires
- Transmission
- Fan belt
- Seats and passenger restraints
- Steering column
- Electrical system
- Accelerators
You need an experienced lawyer for vehicle accidents caused by suspected defects. These cases can be complicated and require someone who knows the laws that apply.
Product Liability
Product Liability Law
Like any other product, when defects in automobiles and parts lead to injuries or deaths, a claim can result. New York law provides three theories of liability for such claims:
Strict Liability
Three factors are required to show strict liability. First, the car or part had an “unreasonably dangerous” defect. Second, the defect caused injuries while the driver operated the vehicle reasonably. Third, the driver made no changes to the car.
Breach of Express Warranty
A proven violation of a written warranty can lead to winning compensation for your injuries caused by a defective automobile or vehicle part.
Breach of Implied Warranty
You could show a breach of an implied warranty led to your crash injuries if someone implied a guarantee that was violated
Potential Liable Parties
Cars are complex machines with many moving parts. There are many potential parties responsible for auto defect claims. These include the following:
- Manufacturers
- Designers
- Distributors
- Marketers
- Shippers
More than one party could be responsible for these claims. For example, if a crash occurs because of a tire blowout, the manufacturer, material supplier, and the auto manufacturer might be blamed.
Evidence for Auto Defect Cases
When you work with our attorneys on your auto defect case, we will investigate the accident and start building your case. The evidence we will review includes:
- Police reports
- Witness statements
- Pictures or video of injuries, the accident scene, and property damage
- The vehicle or the parts suspected as causing the accident
- Reports of similar incidents
- Recall information
The case will also likely require expert witness testimony. We know the best expert witnesses for these claims.
Hurt by an Auto Defect? We Can Help
Car accidents that injure or kill turn life upside down. Not only could your injuries take months to heal, but you also may never be the same, especially if a loved one died. An accident brings financial issues, too.
The auto defect attorneys at Hecht, Kleeger & Damashek, P.C. can help you get the money you deserve for your damages. These cases can be tricky, but we have attorneys who have recovered millions.
Call (212) 490-5700 today or use our convenient online form to schedule a free consultation. You pay no fee if you don’t recover.
CLIENT REVIEWS
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
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07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
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07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
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07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
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07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT