Anyone that has ever driven a vehicle knows that the brake system is one of the most important parts of a vehicle. Whether you are barreling down the road at 70 miles and hour, or trying to navigate a rain storm at 30 miles per hour, if you need to come to a sudden stop, you are completely dependent on your brakes to work properly. If your brakes fail, you are suddenly in a two ton weapon with no control over how or where it stops. Luckily, complete brake system failure does not happen frequently. Less than 5% of all accidents can be attributed to brake failure. However, if you have been involved in an accident where brake failure was the cause of the accident you may be wondering if you can hold the manufacturer liable for the resulting damages. The answer depends on a multitude of factors, but IF the manufacturer was negligent in either the design or the manufacturing of the brakes then you may have a product liability claim.
A manufacturer can be held liability under the laws of product liability if there was a defect in the design of the product. In a car accident where the brakes failed, you would have to be able to prove that the design of the brakes had an inherent defect that prevented them from working correctly. The focus is on the design. In a design defect case it doesn’t matter how careful the manufacturer was in the manufacturing of the part because the design itself was faulty. Last year, Chrysler recalled about 4,000 vehicles due to a defect in the design of the parking brake lever. The National Highway Traffic Safety Administration said that part in question may “distort and reduce the effectiveness of the parking brake system”. This is an example of a design defect. The part was designed poorly and could cause the vehicle to move suddenly and unintentionally causing a crash.
A manufacturer may also be held liable if there was a defect in the manufacturing process. Unlike a design defect, with a manufacturing defect the part would work properly if manufactured according to the design. As the name implies, manufacturing defects occur during the assembly or manufacturing of the part.
Just this month, Chrysler Group recalled about 24,000 late model Chrysler, Dodge and Jeep vehicles due to a defective part that has the potential to cause sudden, unexpected brake failure. According to Chrysler, the vehicles may have an improperly formed brake booster rod retaining clip – or may be missing one altogether. The part is an integral part of the brake system and is required for consistent and proper brake function. Luckily, workers at one of Chrysler’s plants noticed a mal-formed clip while checking for quality assurance and alerted management.
As you can see, determining liability for a brake failure accident can be complicated and require a lengthy investigation. However, if the manufacturer is ultimately found to be liable for either a design or manufacturing defect, then they can be held liable for any ensuing damages. Contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com for more information if you or a loved one has suffered damages as the result of a brake failure accident.
