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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 with a New York product liability attorney.

Car Accidents and Product Liability in NYC

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.

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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.

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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.

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