Fatal Truck Accident Becomes Product Liability Suit
Products are recalled everyday and range from simple household items to baby toys and even medical equipment. When a product fails to work properly, manufacturers have a duty to consumers to remove those products from shelves and reimburse them as soon as possible. But what happens when it is too late? What happens when an unsafe product causes personal injury? Generally, a products liability lawsuit will ensue.
Product liability lawsuits are typically filed after a product has harmed a consumer when it was used in its intended manner. There are three main types of defects that form the basis of a products liability claim. They are: design defects that occur before the process of production, manufacturing errors that occur during the process of production, and marketing misrepresentation, which occurs after production and involves such things as adequate warnings and labels.
Product liability lawsuits can be complicated and often involve several different legal claims. In a recent Missouri product liability claim, three wrongful death suits were also filed, all of which stemmed from a truck accident claim.
The truck accident occurred after a truck driver swerved to avoid two other drivers, who lost control of their vehicles. The truck driver, in avoiding the cars, hit a tractor trailer. In the truck were two grandparents and their young grandchild—all three died at the scene. Authorities initially believed the truck accident killed the three decedents.
However, upon thorough examination of evidence, it was found that the accident itself did not kill them, and that the three died because the truck's gas tank was defective and caused a fire. The design defect alleged was that the dangerous fuel system design caused the gas tank to rupture; the rupture then caused the fire, which killed the three inside the truck.
Based on expert testimony and crucial evidence, it was proven that the defective design caused the fatal truck accident. Evidence supported that the pickup truck occupants survived the highway traffic accident. Meaning, they did not die from the accident itself, but actually died from the ensuing truck fire. Further, proof was established that the fire was caused by the gas tank’s defective design and placement. The truck company was found liable for the resulting deaths.
The case above demonstrates an interesting aspect of product liability claims; being, that product liability issues may often be overshadowed by other events, such as the truck accident above. Meaning, it is important to obtain an experienced personal injury attorney who will know to investigate all aspects of a suit to get to the root of the claim. For instance, if this case hadn’t gone through thorough examination, the deaths of these individuals may have been blamed on the truck accident initially instead of the faulty tank design and failed in court, wasting time, energy and money.
If you or a loved one has been harmed by a defective product, it is to your benefit to contact a personal injury lawyer with the know-how, reputation and drive to successfully represent injured clients. The attorney you choose to represent your products liability lawsuit can greatly impact the outcome of your claim.
John Page, a Missouri personal injury attorney, is a partner at the Page//Cagle law firm. He is dedicated to standing up for those injured at the hands of others and has spent the entirety of his career handling personal injury claims. He has years of experience dealing with personal injury lawsuits and has successfully litigated many types of Missouri personal injury cases.
John encourages victims and their families to contact him for a free consultation. He can be reached through an online contact form found on his website for injured clients.
