Personal Injury and Auto Accident Attorneys Serving Florida
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Sarasota, Florida 941-954-1234
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Experienced Personal Injury Lawyer

The lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty …

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Personal Injury Blog Post

What Are My Rights if My Defective Car Caused the Accident?

Three of the largest automobile manufacturers had to issue a recall of more than three million vehicles this year after the airbags were found to be defective. Toyota Motor Corporation, Nissan Motor Company and Honda Motor Company had all been supplied by the same manufacturer for airbag inflators, Takata Corporation. The inflators were discovered to operate abnormally in an accident, forcing the recall.

An auto manufacturer issues a recall to avoid inevitable products liability lawsuits, and the resulting compensation it has to pay to victims, if a defect in the design or production of a car leads to accidents and injury. If you are involved in an accident, whether while using a car, a motorbike, a bicycle or a truck, if the accident is caused by a defect in the vehicle that can be traced back to the manufacturer, you may be able to bring a products liability lawsuit against the manufacturer and get compensation.

When can I bring a products liability claim?

In Florida, there is strict liability for damage caused by defective products. This means that you do not need to demonstrate any intent or negligence on the part of the manufacturer. To commence an action under products liability, you need to be able to demonstrate the following:

  • The manufacturer is responsible for the design or production of the vehicle
  • A defect caused the vehicle to be reasonably dangerous
  • The defect caused the harm you suffered

How long do I have to start the claim?

Under the Florida statute of limitations, you have four years from the date that you first discover the fault to commence an action under products liability. However, you cannot bring a claim after 12 years have passed from when the vehicle was first delivered by the manufacturer.

If you have been affected by a defect in your vehicle, discuss your case with a determined St. Petersburg auto accident attorney.

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Goldman, Babboni, Fernandez, Murphy & Walsh
2822 University Parkway
Sarasota, Florida, 34243 USA