- That the vehicle with the defect was being used in a way in which it was intended to be used at the time it caused your injury
- That the vehicle that caused your injury was not "substantially" changed from the condition in which it was originally manufactured or sold
- That you suffered your injury because the vehicle or one of its component parts (steering mechanism, brakes, tires, etc.) had an "unreasonably dangerous" defect, either in design or manufacture, because of handling or shipment, or due to a failure to adequately warn you of potential dangers
Automotive Defect Liability-Protecting your Rights after a Car Accident
April 20, 2012 by
In most personal injury claims, in order to recover damages for your losses, you must show that the person who hurt you acted negligently, that they failed to exercise a reasonable amount of care, thereby leading to your injury. However, when you have been hurt because of a defect in the design or manufacture of a motor vehicle, you don't need to prove negligence. Motor vehicle defect claims are customarily governed by the rule of strict liability, which allows a victim to recover without showing negligence, provided three factors can be proven: