Who Pays For Damages Caused By A Defective Parking Brake?
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- Who Pays For Damages Caused By A Defective Parking Brake?
January 26, 2023
In Arizona, it is mandatory for all vehicles to have a parking brake system. When the parking brake system of an unattended vehicle fails and hits another vehicle or a person, it is commonly known as a “rollaway accident.”
Rollaway accidents can be extremely dangerous, resulting in serious or fatal injuries to innocent victims. In such a situation, who would pay for the resulting damages to victims, since the parking brake was applied and the vehicle was unattended?
If you or your loved one has suffered property damage or a personal injury in a rollaway accident, contact our law firm. The personal injury lawyers of Phillips Law Group have the experience needed to get you fair compensation.
Over the years, our team of lawyers has successfully recovered hundreds of millions in compensation for victims. Call us today at (800) 706-3000 for a free consultation to find out what we can do for you.
How Product Liability Law Applies
When a person buys a product, he or she expects that it will function safely and effectively. While it is true that over time a product may fail due to wear and tear, though, sometimes failure lies with how the product was made. This is where the law of product liability comes into play.
Product liability, which comes under personal injury law, states that the makers and sellers of products have a legal responsibility to ensure that those products are safe for consumer use. If a product causes harm due to a defect, then the victim has the legal right to sue for damages.
This could apply to parking brake failure. If a driver has applied the parking brake appropriately but a rollaway accident occurs, the victim may pursue a product liability claim.
Potentially Liable Parties for a Defective Parking Brake
When there is a rollaway accident, who would be responsible for paying damages to the innocent victim? When a vehicle rolls away due to a defective brake, the victim would need to pursue a product liability claim to receive compensation for damages.
Under a product liability case, there are three potentially liable parties. These include: the designer, the manufacturer, and the marketer or seller.
If there is a defect in the design of a product itself, even before being manufactured and distributed, then the designer of the product could be held liable for damages.
Perhaps there was a safer alternative to the design that would have lowered the risk of injury. Or perhaps the designer failed to correct a problem that was discovered and follow through with complete testing.
Such negligent actions would have resulted in the product, the parking brake, being inherently unsafe for use. The flawed design could have been the cause of the rollaway accident, meaning that the designer would be held liable for the personal injury.
If a product is designed well but an error occurs in the manufacturing process, perhaps a failure to assemble the part correctly, then the manufacturer could be found liable for damages. Generally, the defect does not occur in all the products on the assembly line, just a few. But, that particular defective part, perhaps used in the parking brake system, could cause an accident and great harm.
Maybe a worker responsible for quality control failed to notice a defect in production before parts were shipped. Or perhaps the manufacturer chose to use inferior materials instead of quality ones in an effort to save money, or they mistakenly used the wrong material to make the product. For such negligence, the manufacturer could be held liable.
The marketer or seller
A manufacturer is legally required to provide adequate instructions for the product and also warn users of potential dangers. If a manufacturer fails to provide instructions and warnings, then the responsibility to do so legally falls to the seller of the product.
Consumers have the right to make informed decisions when purchasing products, such as an automobile. If an injury occurs due to a failure to warn of a defect in the braking system, the marketer could be found liable in a product liability claim.
In a product liability case, it must be proven what type of defect caused the parking brake to fail. In some cases, this can be a complicated process. First, Arizona law states that it must be shown that the product was defective when it left the control of the designer or manufacturer – or that the marketer failed to warn of risks.
So, in order to hold a potential party liable, an extensive investigation would need to be done. The evidence gathered would need to be examined in order to isolate the facts. Additionally, Arizona is one of the states that follow a pure comparative negligence rule. This means that, in an effort to lower the amount of compensation, the defense may claim that you, as the victim, share a measure of negligence.
These reasons highlight why the assistance of a personal injury lawyer is absolutely vital when pursuing a product liability case. Keep in mind that the law firm you hire will have a direct impact on your claim.
The lawyers at Phillips Law Group have the experience needed to assist with your case. We have helped more than 155,000 clients in over 25 years. Why? Because our law firm has the resources to uncover the facts and hold all at-fault parties liable for compensation.
Types of Compensation That You May Be Entitled to Receive
At times, a production company may take shortcuts regarding safety standards in an effort to turn a profit quickly. This usually results in consumers paying the price by suffering injuries, sometimes life-changing or fatal.
If you or your loved one has suffered a personal injury due to a defective parking brake, you have the legal right to pursue compensation for damages suffered.
Compensation for loss and damages may cover:
- Present and future medical expenses
- Present and future lost income
- Household renovation for disability
- Pain and emotional suffering
- Loss of enjoyment of life
- Compensation for wrongful death and funeral/burial damages
Get Your Case in Good Hands Today!
An accident due to a faulty parking brake can pose the unique challenge of identifying the party liable to pay compensation for damages. The process can be extremely complicated to pursue on your own.
Extensive investigative work needs to be done to gather evidence crucial to your case. Also, you may find yourself going up against teams of experienced attorneys representing the manufacturing company and other potentially liable third parties.
You need a team of experienced attorneys in your corner. The lawyers with Phillips Law Group have decades of combined experience with handling personal injury cases. When you choose us, your lawyer will be familiar with the tactics that the defense may try to use in an effort to lower the amount of your claim.
Our lawyers are ready to employ every skill and resource we have to get you the compensation that you deserve! We will even argue your case in court if it becomes necessary. Call our law firm today at (800) 706-3000 for a free consultation!
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