Car brakes problems are an unfortunate reality. For example, Toyota recalled more than 7,300 Camrys in 2010 due to defective brakes. But that was just one of the issues with which the manufacturer dealt. The Camry recall was part of a string of recalls that ultimately affected millions of cars around the globe, according to various media reports. Although a defective part in a car can be hazardous, when it comes to brakes, problems could become deadly.
Contact a Long Island law firm for defective product cases to learn if you have a viable claim. Injuries caused by flaws in the manufacturing or design of products could lead to compensation through filing a product liability claim.
Common Car Brakes Problems
The following are some examples of problems that can occur with defective or poorly designed brakes:
- brake failure;
- sticking brakes;
- premature brake wear;
- improper installation;
- interference with installed carpeting; and
- brake fluid leakage.
Elements in a Defective Product Case Stemming from Car Brakes
Problems with car parts, whether it’s brakes, steering, seatbelts or tires, is enough to warrant the pursuit of compensation if you or someone you love was seriously or fatally injured. Unlike a personal injury claim, which requires proof of negligence, in defective product cases, proof of negligence doesn’t have to be established.
One of the elements in this type of case will be showing that a defect existed. If your brakes became worn out in the timeframe expected and you failed to replace them, it wouldn’t be considered a defect. However, if they were installed recently or the car is new and they suddenly wore down, then you might have a case.
The second element in a defective product case is connecting the defect to your injuries. For instance, you might have been heading down Montauk Highway and attempted to brake behind another vehicle. If the brakes failed and you rear-ended the car, sustaining a head injury and broken bones, your attorney may prove that the defect caused the injuries if the brakes are found to be defective.
You will need to determine who is liable. When it comes to car brakes, problems can happen during assembly, design or installation. A manufacturer, car dealership, auto repair shop or others could be responsible. In some cases, more than one party might be found liable and potentially could increase your compensation. Your Long Island law firm for defective product cases can help sort out liability when dealing with a case like this.
Damages in a Defective Product Case
Establishing the elements of a defective product case is the only way you can hope to be compensated for defective car brakes. Problems can arise if you don’t have evidence of the defect or the extent of your injuries, which is why you should consult a Long Island law firm. For defective product cases, you could be entitled to damages that address your hospitalization and medical costs. If you missed time from work due to your injuries, those wages may be recoverable.
Damages also may include non-economic damages, including pain and suffering, disability, mental anguish and wrongful death if someone you love was killed. It’s important to seek legal counsel so you can fully understand the options available.
Seeking Help from a Long Island Law Firm for Defective Product Cases
With a limited timeframe in which to file this type of claim, speak with an attorney today. At Gacovino, Lake & Associates, we handle cases for residents on Long Island and across the nation. We will review the details of your circumstances to determine if you have the right to seek compensation for injuries caused by car brakes problems.