When you buy a product, you expect it to be safe — and you trust the company that made it took the necessary precautions. That is not always the case. Sometimes products are defective and cause serious harm. People usually associate product liability with toys or electronics, but the same rules can apply to a car accident caused by a defective vehicle or component.
What product liability means
Product liability is a company’s legal responsibility to compensate consumers for injuries or damages caused by its products. It usually arises when a product is defective in a way that causes harm. There are three main types of defects that can lead to liability:
- Design defect — a flaw in the product’s design that makes it unreasonably dangerous to use. An example is a braking system designed in a way that regularly fails, making the car unsafe to drive.
- Manufacturing defect — a mistake that occurs during production. A loose screw in a steering assembly might not make the whole vehicle dangerous, but it can still render the part defective.
- Marketing defect — a problem with how the product is presented, such as inadequate instructions or warnings. If a manual fails to warn the driver of a known safety issue, that can be a marketing defect.
Crashes caused by product defects
Defects can cause wrecks in many ways. Some of the most common include:
- Tires that blow out or suffer tread separation
- Airbags that fail to deploy
- Seat belts that break or come undone
- Brakes that fail
- Gas pedals or accelerators that stick
- Steering wheels that come loose
- Electrical shorts that cause fires
If you have been in an accident and believe a defective product played a role, speak with an experienced attorney as soon as possible.
How product liability claims differ from ordinary car accident cases
A product liability claim is not the same as a typical car accident case. To succeed, you may need to show that the company was negligent in fixing the issue or warning consumers about the defect, because manufacturers can be held strictly liable for injuries caused by their defective products.
Deadlines also differ. The filing window for product liability claims is often separate from the general personal injury deadline. Louisiana maintains a one-year prescriptive period for product liability claims, while Texas generally requires a claim to be filed within two years. Miss the deadline and you can be barred from recovering — so confirm yours early. (For more on Louisiana’s deadlines, see our statute of limitations overview.)
Does a recall change things?
If a manufacturer has recalled a product, that recall is an indication the product is defective and can support a liability claim. But not every accident involving a recalled product produces a successful claim. If your brakes fail because of a defect, you may have a claim against the manufacturer. If those brakes were recalled and you failed to have them repaired, the manufacturer may argue you knew — or should have known — about the defect and did not act on it.
When a defective vehicle causes the crash
A wreck can happen when you least expect it, and a product defect makes it harder to know where to turn. Sorting out whether a faulty part — rather than driver error — caused the collision often takes investigation, the preserved vehicle, and technical evidence. If a defect may have caused your crash, an injury lawyer can help you determine who is responsible and pursue compensation.