Establishing Design Defect in Product Liability Claim

Sport utility vehicles are popular for its bigger size, spacious seats, and adventurous image. It is a favorite among field professionals and hobbyists. It has transformed conventional car driving into recreational activity for bigger families.

Its popularity goes along with the increase of fatalities on road accidents as reported by National Highway Traffic Safety. The annual rate for SUV roll over accident hints a pervasive danger of its design.

SUV has a taller structure and high center of gravity. Its design makes it susceptible to tripping when a driver exceeds speed limit and hit a road object. Slippery and curve roadway triggers a SUV to overturn.

Drivers of SUV have reported that it fails to stop upon approaching another vehicle or road obstruction.

If you encountered similar trouble with SUV and has suffered injuries because of its design defect, you may file a Product Liability claim.

Product liability allows you to litigate your complaints and recover damages for your losses.

You can establish the design defect by: 

  1. Show photos from the accident
  2. Present expert opinion of engineers and professionals on the hazard of the SUV.
  3. Prove that you have not violated traffic rules that may cause the accident
  4. Show evidence that the accident was caused by its inherent dangerous design and such resulted to your injuries.
  5. Present medical records
  6. Show purchase agreement, warranty, insurance policy, and pertinent vehicle documents.

You can also establish other theories of product liability such as manufacturing defect and marketing defect.

Manufacturing defect refers to the error during the production stage. The owner fails to

uphold quality and safety standards mandated by existing federal and state laws.

It is also the failure to produce effective parts that will stand extreme road condition.

For example: A manufacturer has the responsibility to ensure that its car roof can protect occupants during a roll over crash so as to prevent spinal cord injury.

Marketing defect- The manufacturer is mandated to publish information on the potential or known hazards of an SUV. Warning labels and User guide should be made available to inform the customer on the proper handling of the vehicle.

If you are successful in your claim, you can receive compensation for your medical expenses, property loss, and loss income.