Most car accidents are caused by driver negligence. However, auto defects can cause or contribute to some accidents. When a manufacturing defect, design defect, or inadequate warning makes a vehicle unsafe, the manufacturer can be held liable for injuries caused by these issues. At Rosen Injury Law, our Fort Lauderdale car accident lawyers have a proven record of securing multi-million dollar awards and verdicts for injury victims, and we are committed to helping you recover maximum compensation for your injuries.
Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your claim with one of our Fort Lauderdale auto defect lawyers.
Common Types of Auto Defects
Vehicle defects can occur in any part of a motor vehicle. Some of the most common auto defects include:
- Airbag defects are one of the most serious types of vehicle defects. When airbags fail to deploy in a crash, occupants can suffer catastrophic injuries. Airbag defects may also cause an airbag to deploy unexpectedly or with excessive force, even in a minor collision.
- Tire defects, including tread separation, blowouts, and other manufacturing flaws, can cause drivers to lose control and crash.
- Brake failures, including defective brake lines, brake pads, master cylinders, or anti-lock braking systems, can cause crashes resulting in devastating injuries.
- Steering system defects can prevent drivers from maintaining control of their vehicles and cause crashes. These defects may occur in the power steering components, steering columns, or electronic steering systems, making it impossible to operate the vehicle safely.
- Seat belt defects failed to protect vehicle occupants during crashes, resulting in severe injuries.
- Roof defects are hazardous in rollover accidents. If a vehicle’s roof collapses or crushes downward, drivers and passengers can suffer fatal head and spinal cord injuries.
- Fuel system defects can result in explosions during or after an accident or cause a vehicle to catch fire unexpectedly.
- Electronic system defects in newer models can cause sudden acceleration, unintended deceleration, or loss of power, leading to catastrophic crashes.
Types of Product Defects in Auto Defect Cases
Florida law recognizes three categories of product defects in auto defect cases:
- Design defects occur when a vehicle or a vehicle component is inherently unsafe as designed, even when manufactured correctly.
- Manufacturing defects occur when errors in the production process cause a vehicle or part to differ from its intended design in a way that makes it unreasonably dangerous.
- Marketing defects involve failures to provide adequate warnings or instructions about known dangers. If a manufacturer fails to warn consumers about the risks associated with its vehicles or offers insufficient guidance on proper use, it may be liable for the resulting injuries.
Liability in Fort Lauderdale Auto Defect Cases
Florida is a strict liability state for product defect cases, which means you do not need to prove that the manufacturer was negligent. You only need to prove that the product was defective and that the defect directly caused your injuries.
In a Fort Lauderdale Auto defect case, multiple parties may be liable, including:
- Vehicle manufacturers who designed and produced the defective vehicle.
- Component manufacturers who made defective parts installed in the car.
- Distributors or wholesalers who supplied the defective products
- Dealerships that sold vehicles with known defects or failed to address recall notices.
At Rosen Injury Law, our Fort Lauderdale injury attorneys thoroughly investigate every case to identify all potentially liable parties and maximize the compensation available to pay your damages.
Statute of Limitations for Fort Lauderdale Auto Defect Cases
As outlined in Florida Statute §95.11(3)(d), you have four years from the date of your injury to file a product liability lawsuit for an auto defect. Florida also has a statute of repose for product liability cases. As provided in Florida Statute §95.031(3)(b), you generally cannot file a product liability claim more than 12 years after the product was first delivered to its initial purchaser.
Florida courts strictly enforce these deadlines. If you miss either deadline, you will not be able to recover compensation. However, there are important exceptions for hidden defects that could not reasonably be discovered during normal use and for situations in which the manufacturer deliberately concealed the defect.
You must consult an experienced Fort Lauderdale auto defect lawyer as soon as possible after your accident to protect your rights to recover compensation for your damages.
How Florida’s Modified Negligence Law Affects Auto Defect Cases
Florida follows a modified comparative negligence rule, as provided by Florida Statute § 768.81, that may affect your recovery in auto defect cases. If you are found to be 51% or more at fault for your accident, you cannot recover any compensation. However, if you are 50% or less at fault, you can still recover damages, but your percentage of fault will reduce your compensation.
For example, if you are found to be 25% at fault and your damages total $100,000, you could still recover $75,000 after deducting your percentage of fault.
Manufacturers often try to shift blame to you to avoid paying compensation or to minimize the amount they must pay you. Our Fort Lauderdale auto defect lawyers know how to combat those tactics and protect your right to recover the full value of your damages.
Compensation in Fort Lauderdale Auto Defect Cases
The compensation you can recover in a Fort Lauderdale auto defect case depends on many factors, including the severity of your injuries and the strength of your claim. In a successful claim, you may be able to recover both economic and non-economic damages.
Economic damages include medical costs, lost wages, property damage, and other financial losses and expenses incurred due to your accident and injuries. Non-economic damages include pain and suffering, mental and emotional distress, and other intangible losses or costs incurred due to your accident and injuries.
Contact Rosen Injury Law Today
If you have been injured in an accident caused by an auto defect, you may be entitled to recover significant compensation. At Rosen Injury Law, our Fort Lauderdale auto defect lawyers have the experience, skills, and resources to help you secure maximum compensation for your damages.
Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your Fort Lauderdale auto defect accident claim.