We are all well aware of the importance of wearing a seat belt and the difference it can make we are involved in an auto accident. The statistics regarding seat belt and safety are easy to find and even easier to understand – seat belts save lives. Most states require occupants of vehicles wear them and, though a few exceptions exist, the requirements are apply to everyone. What happens, though, when you make every effort to comply with seat belt laws and follow safe practices, and the seat belt itself is defective?

Righting A Wrong

When automobile manufacturers discover a safety issue with their vehicles, they are required to remedy the situation and, if someone is injured as a result of their defective products, they will face liability for those injuries. Most of the time, manufacturers are prompt to respond when they learn of a defect; we note stories in the news quite often about vehicle recalls. Such is the case again with Ford, which has issued a recall for certain models of midsize sedans that have defective front seat belts. This latest recall, according to reports, affects nearly seven hundred thousand vehicles sold and in use mainly in North America. The manufacturer notes that the heat generated by a specific action can cause cables in the seat belt assembly to break, which then prevents the seat belts from being able to hold the person wearing it.

Time Is Of The Essence

Failing to file your lawsuit on time can act as a bar to any recovery for losses you may have suffered. The law sets for different time limits, known as statutes of limitations, according to what type of lawsuit is filed. In Florida, statutes of limitation are set forth in Code Section 95.11; under Florida law, personal injury matters must be filed within four years from the date of injury. Depending upon the circumstances of your individual case, you may have several options for how you may pursue a matter and, in those situations, looking at issues such as statute of limitations and other legal principles can determine which way is the best way to proceed. Speaking with an attorney experienced in a wide range of legal matters including personal injury as well as product liability is imperative so that you proceed in the manner that allows you to receive the best results.

Contact Alan Goldfarb, P.A. For Help With Your Defective Auto Injury Case

If you have been injured due to an auto manufacturer’s defective product, you deserve to receive compensation for your injuries and losses. The attorneys at the office of Alan Goldfarb, P.A. are here to help you get the results you deserve when you have suffered personal injuries resulting from a defective auto part. When you sit down with your attorney, you will learn about your rights and responsibilities under Florida law and how we can help you ensure you are justly compensated for your losses. Knowing your options and how the legal system may handle your matter is your best first step. Contact us now and allow us to help you today.

Resource:

wsvn.com/news/us-world/ford-recalls-680000-cars-seat-belts-may-not-hold-in-crash/

The Accident

On May 7, 2016, Joshua Brown was killed in an accident in Williston, Florida. He had been driving his Tesla Model S Sedan when a tractor trailer turned in front of the car, which didn’t sense the vehicle and therefore did not stop. The roof was torn off the car and Brown was pronounced dead at the scene. When the driver of the trailer was interviewed, he said the Tesla was going so fast that he didn’t even see him. Brown had been using Tesla’s autopilot feature when the crash occurred.

Tesla’s Cars

The unfortunate irony in this situation is that Brown had previously been a big promoter of Tesla and their technology, even posting a video of his car avoiding a crash this April. He thought the vehicles made the driving experience safer overall. To be fair, they do. This crash demonstrates a glitch in an otherwise good system that is being improved every day.

Tesla has created an autopilot system that, when combined with participation from the driver, will make driving safer. This is because it will minimize the driver’s participation, and about 94 percent of accidents are due to driver error. What the autopilot feature does is this: it can steer itself in a lane, change lanes, speed up and slow down in traffic, and brake. It can also parallel park, which may be the most exciting feature. The driver, however, is still responsible for the car. Before the autopilot mode turns on, Tesla requires drivers to acknowledge that they are still alert, keep both hands on the wheel, and be ready to take over for themselves. This ensures that the driver will pay attention to the road despite using autopilot.

The cause of this crash has yet to be determined, but it certainly brought self-driving cars into the spotlight. This can only help us in the future, as companies like Tesla work out the glitches in the system and prevent others from getting hurt.

Do You Need Professional Assistance?

While it still may seem unlikely that the average American will be cruising around in self driving cars anytime soon, the future is coming. Many companies have started to incorporate similar features in their own cars, making them more and more common. It is entirely possible that you or someone you know could be involved in a similar accident, so make sure you know what to do. Contact us at the office of Alan Goldfarb, P.A. in Miami to talk to our lawyers about what to do if you get into a car accident. We will discuss your options and figure out what your next steps should be.

This is not the first defective product in the auto industry we have heard about recently. General Motors failed to disclose an ignition defect, estimated to have been the source of almost 30 deaths. Toyota faced (and is still facing) the airbag and sudden acceleration debacle just recently, and its sales are still taking a hit. Toyota has recalled nearly 300,000 vehicles to date.

Products Liability

Products liability is an area of civil law that deals with situations in which someone is injured or killed due to defective design, poor quality, or inadequate manufacturing techniques or distribution. Products liability cases often involve vehicles, specifically airbags, brakes, and fuel pumps, but can stem from just about anything. One might encounter a defective product at home, at work, on the way to work in the car, or on a child’s playground.

Defective products can cause severe injuries or death. When a product is being used in a way that it is intended and it does not function properly, the company who designed, manufactured, or distributed said product may be responsible. Even when a product is being used in a way other than the way it was intended, but is a foreseeable use for the product, companies often have an obligation there as well.

Companies often attempt to avoid this liability by providing information about the specific use for items. For example, Q-Tips do not belong in ears. The side of a Q-Tip box tells us specifically to not place the object in our ears and gives us a list of other reasonable (safe) sues for the device. But ask anyone what a Q-Tip is for and most of them will tell you it’s a device to clean one’s ears. The people who use the Q-Tip for such purposes will not likely be able to bring a products liability claim against the Q-Tip company because they are using the device in a way that goes against the specific guidelines enumerated on the box as a warning. Warnings are an entire other area of products liability. Warnings must be obvious, sufficient, and easily understandable. Failure to provide adequate warnings on products that lead to injury may be the basis of a similar lawsuit.

Miami Products Liability Attorneys

If you or someone you know has been injured or killed due to the use of a defective product, you need experienced products liability attorneys to help you navigate what can be a complicated area of the law. Our knowledgeable products liability experts at Alan Goldfarb, P.A. in Miami, Florida know exactly what kinds of issues often arise during the investigation of these kinds of tragic accidents. We will help you navigate the legal system and ensure you are compensated for your injuries to the greatest extent the law permits. Do not hesitate to contact us about your potential products liability case today.