If you or someone close to you was injured due to an auto defect in a vehicle, you should reach out to a seasoned Miami auto defect attorney who can help you understand your rights. At the Law Offices of Robert Dixon, we are committed to holding automakers accountable for the harm that they cause. We understand the complexities of this area of the law and will aggressively advocate for your rights at every step of the way.
According to documents posted on the National Highway Traffic Safety Administration’s website, automakers recently recalled about 135,000 Porsche and Volkswagen sport utility vehicles over the danger of a fuel leak. This recall indicates that Volkswagen and its corporate affiliates, Audi and Porsche, have recalled about 278,000 vehicles in the last year for the same issue. The problem is that fine hairline cracks can appear on the filter flange of the fuel pump, allowing a small amount of fuel to leak. The danger of a fuel leak signifies a potential fire hazard, although the automaker’s reports did not mention whether any actual fires took place.
While most automobile accidents in Florida can be addressed through a negligence lawsuit, auto defects can typically be resolved through a product liability claim. Product liability lawsuits can be classified in one of three ways: manufacturing defects, design defects, and failures to warn. A manufacturing defect occurs when a mistake is made in the assembly of a product, resulting in an item that is not created as it was intended. A design defect takes place when there is a fundamental flaw in the design of the product, making it inherently dangerous to users. In some cases, a plaintiff may have a claim based on a manufacturer’s failure to warn about inherent but non-obvious risks to the user.
Product liability cases are typically based on the theory of strict liability. Under the doctrine of strict liability, a lawsuit can be successful without the need to establish that an auto manufacturer was negligent. Instead, it is simply enough to show that the manufacturer put an unreasonably dangerous product into the market and ultimately into the hands of consumers. This law is designed to make it easier for an injured consumer to sue either the product manufacturer or a retailer.
Each state sets its own limits on how long a plaintiff has to file a personal injury lawsuit, and Florida is no different. Under Florida law, the statute of limitations is four years from the date of the accident to file your claim in civil court. Failing to file a claim within this time frame could mean losing your right to sue altogether.
Manufacturers often issue car safety recalls to fix components that are faulty. Defective car parts can lead to serious accidents and injuries. If you or someone close to you has been injured in an accident caused by an auto defect, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Miami auto defect attorneys can assess the merits of your case. With years of experience, we have helped many South Florida clients resolve their personal injury claims and can help you as well. To discuss your case, call us at 877-499-HURT (4878) or contact us online today.
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Florida Underride Accidents, South Florida Injury Lawyer Blawg, October 4, 2017
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Car Seat Injuries in Florida, South Florida Injury Lawyer Blawg, October 4, 2017