The National Highway Traffic Safety Administration recently indicated that a total of 34 auto accident fatalities have been linked to acceleration related auto accidents related to defective brakes, defective floor mats and defective gas pedals in certain Toyota vehicles. Toyota has recently recalled 8.5 million vehicles because of such product defects. If you are involved in a Toyota acceleration auto accident, a Tennessee personal injury lawyer can navigate the complex realm of Tennessee car accident law.
Product liability law provides compensation for physical injuries and property damage resulting from defective and unreasonably dangerous products as well as the failure of manufacturers to warn consumers of the risk posed by their products. A Tennessee car accident lawyer can seek compensation on behalf of someone injured in an acceleration auto accident resulting from a defective part from anyone in the manufacturing chain including the manufacturer of the component parts, an assembling manufacturer, the wholesaler and the retailer.
Product liability claims are based on negligence, strict liability or breach of warranty theories.
- Negligence is the failure to take reasonable ordinary care.
- Breach of warranty involves an express or implied promise that a product is free from defects.
- Strict liability does not mean that the defendant is automatically liable. A Tennessee personal injury lawyer must show that the product was defective when it left the manufacturer’s control, that the product was unreasonably dangerous and that the defect caused the injuries.
A Tennessee car accident lawyer will present evidence that the product has one of three defects:
- Design defects are inherent even before the product is manufactured.
- Manufacturing defects occur during the manufacturing process.
- Marketing defects involve inadequate instructions and/or failure to warn of dangers associated with a product.
A Tennessee car accident lawyer may use any of the claims and defects above in pursuing a product liability lawsuit in a Toyota acceleration auto accident resulting in injuries. If you or a loved one is injured in an acceleration auto accident, the Tennessee law firm of Nahon, Saharovich & Trotz, PLC, also known as NST is here to assist you. NST is the largest plaintiff personal injury firm in Tennessee and has been recognized by Super Lawyers as being in the top 5% of law firms nationally. If you or someone you love has been injured in a Toyota acceleration auto accident, you should contact NST today.
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