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Defective Product Claim in After-Market Car Modifications

By Edited Jun 10, 2016 0 0

After-Market Car is also referred to as non-original equipment manufactured vehicle (non-OEM). Cars, vans, or trucks can be modified according to your desired upgrades outside the services of the manufacturer.

Common upgrades or modification includes: Suspension enhancement, fuel system adjustment, passenger compartment enhancement, and handicap equipment installation.

After market modifiers often lack the technical supervision or advice of the design experts regarding the effect of the modification to the function and safety of the vehicle.

After-Market Car Modifications can pose serious danger to you and your car. These are:

1. Unskilled modification leading to effects on original auto parts

2. No routine testing or maintenance for altered vehicles

3. Potential noncompliance with Federal Motor Vehicle Safety Standards (FMVSS) for road safety and environmental regulations.

4. Aggravate existing design defects in SUVs or other vehicles. Side-saddle gas tank and tire stability defect may occur on even trusted brands. Modifications may ruin existing critical safety features.

Serious errors to avoid when making alterations in the vehicle are changing the location of fuel tank and changing the automobile's center of gravity.

Common vehicles that are altered:

1. Recreational vehicles (RVs)

2. Limousines

3. Handicapped accessible vehicles

4. Trailers

5. Conversion vans

If you sustained injuries due to an aftermarket altered vehicle accident, you may seek sources of recovery. One of these is filing a defective product claim. It has four liability theories that can be established to support your claim.

These are breach of express warranty, breach of implied warranty, intentional misrepresentation, strict products liability, and negligence.

Breach of express warranty

"Express warranty" is the written guarantee from the manufacturer on its willingness to repair or replace broken or missing parts. It also takes responsibility for hazards caused by the product. Such explicit warranty can be found along with the product manual or marketing materials.

Breach of implied warranty

It is the guarantee that federal and state law automatically applies to your product. Product is categorized as either for a specific or particular purpose.

Strict liability

It is the responsibility of the manufacturer to compensate for your injuries or losses regardless of who is at fault.

Negligence

It is the careless act of the manufacturer to implement safety precaution on the product. It is also the failure of the manufacturer to correct or stop a known hazard.

Intentional Misrepresentation

If a known hazard or potential danger is concealed from the user, then the manufacturer

may be held liable for the injuries or losses that it may cause.

If you are injured in an After-Market Car Modifications, you may consult with a Defective Product attorney in Los Angeles and file a lawsuit.

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