Monthly Archives: November 2018
If My Brakes Fail and Cause an Accident, Do I Have a Claim for Damages?
Nov 30, 2018 - Personal Injury by Cross & Smith
Tuscaloosa Injury Attorney In Alabama, as in other states, those who are injured in motor vehicle accidents — whether a car, truck, or motorcycle accident — may be entitled to damages, depending on the circumstances surrounding the harm at-issue. Many people unfamiliar with personal injury litigation may be confused about the particular circumstances under which they might be entitled to bring a claim against the defendant for damages. In fact, they might not be sure who the defendant actually is! So, what happens if you experience a brake failure? Can you sue, and (if possible) who can you sue? If you’ve been injured in an accident that was caused due to a brake failure, then Alabama law may give you a right of action for damages against the relevant manufacturer — either the brakes manufacturer, motor vehicle manufacturer, or some other distributor in the supply chain that is responsible for the defect. Confused about how liability is applied? Let’s take a closer look. Product Defect Basics In Alabama, a product may be defective if it is unreasonably dangerous for its intended or foreseeable uses. Whether a product is “unreasonably dangerous” depends on the circumstances, however, and the industry space that the product occupies. For example, if motor vehicle brakes fail 10 percent of the time, most industry experts would agree that the failure rate is indicative of an unreasonably dangerous product. Brakes may be defective due to their design, or due to some manufacturing issue that caused it to become […]Read More