The Volkswagen Recall Scandal: Can You Claim for Personal Injury?

The Volkswagen Recall Scandal: Can You Claim for Personal Injury?

The Volkswagen Recall Scandal: Can You Claim for Personal Injury?

Everyone else is having a bit of a bittersweet laugh over Volkswagen’s superbly horrific recent history of car recalls due to faulty products. If it’s not massive carbon emissions, it’s faulty airbags or cars going up in flames. Yet,  you’re not laughing because you have bought a Volkswagen product literally burnt to ashes.

What is product liability?

Cases like these are called product liability cases. This is because manufacturers are liable for any injuries caused by defective products that they have placed in the hands of the consumer through their distribution chain. In short, it’s not your fault that your car caught fire. If it was due to faulty vehicle design – it’s their fault.

Can you file a case as an individual?

While you can’t take on a manufacturing giant as an individual (that would be crazy), if you’ve suffered an injury due to the defect, you can file a personal injury case against the dealership. The easiest way for a consumer to make a personal injury case due to a faulty product is to prove that all three of the following holds true:
  • The product was defective in such a way that it was unreasonably dangerous for a consumer to use. One good example would be a car catching fire.
  • You used the product in the way the manufacturer intended when it caused you personal injury.
  • The product hasn’t changed substantially since it has been bought. If you made some major modifications to your car, you won’t stand much of a chance with a personal injury case.
This is called the rules of strict liability.


Talk to a personal injury lawyer

Product liability cases are one of the types of cases that you can have evaluated by a personal injury lawyer. If you have been unfortunate enough to have bought a vehicle that had to be recalled for some bizarre reason like the ability to inconveniently catch fire, you can sue the manufacturer for personal injury.If you think you have a personal injury case against a manufacturer due to product liability, why don’t you give us a call at (212) 804-8440 for a free consultation? Our lawyers here at Linden Law are experts in personal injury cases.

Categories: All, Car Accidents

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