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Date: 12-12-2023
Case Style:
Case Number: 2:23-cv-01446
Judge: Thomas S. Zilly
Court: United States District Court for the Western District of Washington (King County)
Plaintiff's Attorney:
Defendant's Attorney: Fletcher C Alford, Kevin Liu, Nancy M. Erfle
Description: Seattle, Washington personal injury lawyer represented the Plaintiff who sued the Defendant on Motor Vehicle Product Liability theory.
"Motor Vehicle Product Liability Law: Protecting Consumers on the Road
Motor vehicle product liability law protects consumers from harm caused by defects in their vehicles. It's a complex area, with various factors influencing liability and potential claims. Here's a breakdown of the key aspects:
Types of Defects:
Manufacturing defects: Errors or flaws introduced during the production process that lead to malfunction or failure.
Design defects: Flawed design choices that make the vehicle inherently unsafe even when functioning as intended.
Marketing defects: Inadequate or misleading information about the vehicle's safety features or performance.
Elements of a Product Liability Claim:
Duty of care: The manufacturer has a duty to design, manufacture, and market vehicles with reasonable care for the safety of users.
Breach of duty: The vehicle must have a defect that violates the manufacturer's duty of care.
Causation: The defect must have directly caused the accident and resulting injuries.
Damages: The injured party must have suffered harm as a result of the defect.
Proving Liability:
The burden of proof lies with the injured party to demonstrate all elements of the claim.
This can involve expert testimony, accident reconstruction analysis, and evidence of the defect's existence.
Potential Recoveries:
Medical expenses: Costs associated with treating injuries caused by the defect.
Lost wages: Income lost due to the accident and injuries.
Pain and suffering: Compensation for physical and emotional distress.
Property damage: Repair or replacement of damaged vehicles or other property.
Additional Points:
Statutes of limitations vary by state, dictating the timeframe to file a product liability claim.
Multiple parties may be liable, including the manufacturer, parts supplier, or dealer.
Consulting with an experienced product liability attorney is crucial for navigating the legal complexities and maximizing your chances of success.
Resources:
National Highway Traffic Safety Administration (NHTSA): https://www.nhtsa.gov/: https://www.nhtsa.gov/
American Bar Association Product Liability Section: https://www.americanbar.org/groups/tort_trial_insurance_practice/committees/products_liability/: https://www.americanbar.org/groups/tort_trial_insurance_practice/committees/products_liability/
U.S. Code Title 49: Transportation - https://www.law.cornell.edu/uscode/text/49: https://www.law.cornell.edu/uscode/text/49
Remember, this information is for general understanding only and should not be considered legal advice. If you believe your vehicle has a defect and has caused you harm, seeking professional legal guidance is essential.
Is there anything specific about motor vehicle product liability law you'd like me to delve deeper into? I'm happy to explore particular aspects or scenarios to provide more tailored information."
Google Bard
Outcome: 12/12/2023 19 NOTICE of Voluntary Dismissal of case by Plaintiff Gary E Mason (Berman, Steve) (Entered: 12/12/2023)
12/12/2023 ***Civil Case Terminated re 19 Notice of Voluntary Dismissal, pursuant to FRCP 41(a)(1)(A)(i). (MJV) (Entered: 12/12/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: