Motor Vehicle Defects

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A used car dealer has a duty to discover and repair any obvious defects in the vehicle, or defects that are reasonably discoverable.

Motor Vehicle Defects Resource Links

Consumer Complaints Search Engine
From the Office of Defects Investigation (ODI), part of the National Highway Transportation Safety Administration (NHTSA). Search for or file consumer complaints about vehicles, equipment, child safety seats, and tires.

Federal Trade Commission (FTC) Guide for Consumers
An FTC auto guide for consumers.

The Insurance Institute For Highway Safety
Nonprofit organization dedicated to reducing losses from vehicle crashes. News and data related to vehicle safety, including testing and vehicle ratings.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Motor Vehicle Defects - An Overview

Most motor vehicles are safely designed and carefully manufactured. Some, however, are carelessly made or improperly designed. Poorly designed or defectively produced vehicles can be dangerous and can cause serious injury or death.

Responsibility for Defective Motor Vehicles

The laws governing responsibility for defective motor vehicles and what must be proven in court to establish liability vary from state to state. In most states, the parties who may held liable include:

The vehicle manufacturer
The manufacturer of defective component parts such as tires, hoses etc.
The dealer, if the vehicle was purchased from a dealer

Several different reasons exist for holding a party liable for harm caused by a motor vehicle defect. The three most common legal theories for finding someone liable are breach of warranty, negligence, and strict liability. An experienced products liability attorney can advise you about the rules that apply in your state to your situation involving a defective motor vehicle.

A manufacturer or vehicle dealer, but not an individual who is not in the vehicle sales business, may be liable for breach of express or implied warranty if the vehicle is not fit or safe to be operated as intended. A breach of warranty may occur if there was an error in the design of the vehicle, if a particular vehicle was put together poorly, or if the components installed on the vehicle did not perform properly. However, it is possible for a seller and buyer to disclaim all warranties during a vehicle sales transaction. Your attorney can review all of the documents signed at the sale of your vehicle and all of the surrounding circumstances to determine if there is an express or implied warranty in effect.

A manufacturer or a dealer may be held liable for negligence if the vehicle was not manufactured according to specifications, if it contained a design defect, or if the installed components were inadequate. Negligence may also apply if a vehicle was marketed improperly, such as if a vehicle is shown in advertisements driving at a higher rate of speed than is safe for that vehicle.

Strict liability does not require an injured party to show that the manufacturer or seller of a product was negligent. The injured party needs to show only that the product was unsafe.

Conclusion

Bringing an action for injuries caused by a defective motor vehicle is very complicated. Such an action not only requires thorough legal knowledge of all the rules and laws that apply, but also requires an understanding of the technical, engineering, and scientific principles that go into the manufacture and design of a motor vehicle. If you have been injured by a defective motor vehicle, you need skilled and knowledgeable legal assistance. An experienced products liability attorney can advise you about the rules that apply in your state to your situation involving a defective motor vehicle.