When you buy a car in Virginia, you expect it to be up to a certain standard. You assume that manufacturers have a duty of care to their consumers, and you assume correctly. There is an undeniable expectation that big assets like vehicles, where your safety is threatened in so many external ways, are not at risk from general parts malfunctioning. Yet, it does sadly happen more often than we like to hear, here at Monge & Associates in our Virginia office. Here’s how you can seek justice.
Understand the Law
Virginia law is clear on any product liability case. It is in your best interests to get to know the basic concepts so that moving forward with any kind of legal claim is easier. First up, it is important to highlight that if you have been injured by the faulty vehicle part and you have the evidence to support that statement, you have two years to file a claim. This is according to Virginia’s statute of limitations on this kind of legal movement. So, what else is important?
The car will only be covered by Virginia’s Lemon Law if it is a brand-new vehicle, and you have attempted to have it repaired in excess of three times. You have to be able to prove this, but then getting your case started will be easy.
Virginia will also require you to prove negligence in order to start a product liability claim. Negligence means that the vehicle has dangerous parts because of or as a direct result of the manufacturing process. So, regardless of how carefully the car was put together, it is still defective and not classed as a safe vehicle to be out on the road. This can be shown by a written statement from a trusted mechanic.
Breach of Warranty
Breach of warranty means the manufacturer is not honoring the new vehicle (or product)’s warranty arrangement, which can be incredibly frustrating for you the consumer.
What Kind of Things Make Vehicles Defective?
There are a few common defects that vehicles might suffer from, and if you are in this boat, you may well feel familiar with some of them by now.
Faulty brakes are serious business. They not only put lives at risk but also make it incredibly dangerous to operate a vehicle. If you are experiencing any problems at all with your brakes, your car should tell you about it on your dashboard. It is also a good idea to have them checked every six months, which is a low-cost service offered by most garages.
Every vehicle is fitted with an airbag, but if you have ever been in a crash and it didn’t go off then you will understand just how dangerous a defective one really is. Yet, it’s not just the failure to launch that comes up with airbag issues in new vehicles. It could also be going off at random times and causing an injury, or going too big or too small at the time of impact which would also cause pain and suffering.
Often, electric problems are the easiest to sort because it just takes a few wiring adjustments or bug fixing software. However, they can still cause problems until they are flagged, and it will severely affect how safely you are able to drive.
When things go wrong with your fuel tank, the biggest risk is a vehicle catching fire. Obviously, this is not what any driver wants to be dealing with, and manufacturers should always uphold their duty of care to provide a safe component in this area.
What Can You Do About It?
Monge & Associates’ office in Virginia is ready to welcome new clients for this kind of legal matter. Despite what you might think, Virginia law is fairly protective of its consumers and is framed in such a way that the manufacturer should be held accountable wherever possible. This is never more true than in the case of defective vehicles, which are a danger on the roads of this state and any state in fact. No one wants to see crash and fatalities statistics rise, after all.
We have law offices in Virginia, Florida, Nevada, Tennessee, Utah, Illinois, Georgia, and more, totaling 32 offices in 19 states. Our experience in manufacturer liability is vast, and our attorneys across the country know exactly how to fight the case. Do not hesitate to contact us if you have been affected by the issues raised above.
Call now for a free consultation on (888) 477-0597 if you have been injured due to a defective vehicle.