Tractor-Trailer Accidents & Product Liability Claims
When the average person is involved in an accident with a tractor-trailer, the most common thing to do is to chalk it up to negligence, or simply to a bad day. However, in some of these cases, there is more going on than meets the eye. Vehicles malfunction – or, more precisely, parts of a vehicle may malfunction – at the worst possible time. If you suspect this happened in your accident case, you may be able to file suit against the manufacturer for your injuries, as well as the driver.
A Strict Liability Standard
Most Florida accidents involving tractor-trailers happen due to issues like bad weather or poorly maintained roads, or due to the negligence of one or both drivers involved. However, a defective part can be almost impossible to notice until it fails to work – sometimes catastrophically. While drivers have a duty to exercise reasonable care toward each other, manufacturers and distributors have that duty of care as well, and they can be held liable if they have failed to uphold it.
Florida upholds what is known as a strict liability standard for product liability cases. What this means is that even if the manufacturer had no intent to act negligently or maliciously, they can be held liable for the harm done to the plaintiff if it is proven their product was the cause. For example, if a tire explodes on the road, despite the manufacturer putting it through all required testing and safety verification, intent does not matter – the stakes are simply too high.
Different Kinds Of Defects
If you have been involved in a crash with a tractor-trailer and you suspect that a defective part played a role, you and your attorney must be able to establish that the part was the cause of the accident. The law recognizes three different types of defects. They are:
- Design defects, meaning items that are defective as designed, with no other changes or after-market alterations made to them to render them unsafe;
- Manufacturing defects, meaning items designed safely, but made dangerous by a shoddy or broken manufacturing process; and
- Failure to warn. A failure to warn is for a product that is intended to be unsafe by design (for example, fireworks or cigarettes), but that potential danger is not conveyed to the consumer.
Most defective vehicle parts will tend to be defective as designed, or made defective by a manufacturing issue.
Be advised, if you plan to bring a case based in product liability, that you have a two-year statute of limitations in which to file. Cases wholly or partially based in negligence must be heard quickly, because if not, it is not uncommon for evidence and memories to decay past the point of usefulness. Two years may seem like a long time, but it is a good idea to find an attorney as soon as possible.
Call A Tampa Tractor-Trailer Accident Attorney
Being involved in a tractor-trailer accident is not something most people want to go through, but with the right help on your side, you have a chance to recover financially so that you can focus on getting your life back to normal. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help you navigate the legal process. Call us today to schedule a free consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
