Posted: August 15, 2023

Can I Sue for Defective Brakes?

The answer depends on who is at fault for the brakes failing. If a manufacturer is at fault, then yes, you may have a legal case and the right to compensation. Furthermore, if you have been injured in an accident caused by faulty motor vehicle brakes, then you have a right to compensation for your suffering and injuries.

Auto manufacturers are required to uphold standards set in place by the National Highway Traffic Safety Administration and the United States Environmental Protection Agency. Any oversights on their behalf can result in harm to consumers, who should pursue legal action if they are hurt due to manufacturer negligence.

Understanding Product Liability

A product liability claim is a legal civil claim against a defendant’s product and the damages it has caused.

It is essential to note that there is no federal standard for product liability and that each state sets its own legislation. However, in general, product liability is set in place to protect consumers from using products in an unexpected manner.

Driving a car and having the brakes fail due to a design flaw would likely constitute a product liability claim. In the event of misuse, then liability falls on the consumer’s behalf.

It’s important to understand that product liability could fall onto any part of the product chain on distribution. This includes the manufacturer, manufacturer of parts, assembly, wholesaler, or retailer.

However, if this chain of distribution is broken, then the third party would likely not be considered liable for the product defect. This means that someone who purchased the product and is reselling it, like at a garage sale, is unlikely to be considered liable for a product defect.

Contact Kline & Specter

Our attorneys have proven themselves time and again by recovering millions of dollars for our clients, including an initial verdict of $153 million against Ford Motor Co. for a defective parking brake that resulted in the death of child. Later verdicts involving defective parking brakes brought verdicts of $52 million and $8.75 million.

If you’re seeking legal representation for defective vehicle brakes or other product liability litigation, contact Kline & Specter PC for a free evaluation of your case. Our law firm handles cases in Pennsylvania, New Jersey, Delaware and New York. For cases outside those states, Kline & Specter works with local attorneys in each state as applicable.