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Product Liability Claim in Parking Lot Accident

By Edited Feb 26, 2014 0 0

Parking lot may not be a haven for your car. Most often it is a source for fender-bender accident. A slight damage on your car may cause you thousands of dollars for car repair. Worse, your insurance premium can go higher and include the accident in your permanent driving history.

Parking lot accident can cause minor to serious injuries depending on the impact of collision or situation.

Common injuries caused by parking lot accident include:

  1. Whiplash or neck sprain

  2. Head and brain injury

  3. Arm or leg fracture

  4. Bruises

Parking lot accident can have the following causes:

1. Poor lighting

2. Insufficient space

3. Poor maintenance of the facility

4. Potholes

5. Lack of manhole cover

6. Poor maintenance of sidewalk

7. Inadequate sign and warning

8. Hazardous environment

Other causes of parking lot accident:

1. Second collision from external factors

2. Visibility or blind spot trouble

3. Unskilled driver

4. Driver fatigue

5. Driving Under Influence (DUI)

Some parking lot accidents happen because of a prior automobile trouble. It can be a defective or poorly maintained auto part. When this is the cause of the accident, the owner of the car may file for Product Liability claim where the manufacturer can be held liable for your injuries. You have an option to seek coverage from your insurance provider.

You can receive compensation for the following:

  1. Medical and hospital bills

  2. Physical and mental therapy

  3. Pain and suffering or emotional loss

  4. Loss income

In asserting a Product Liability claim, you will need to provide the following evidence to substantiate your case:

  1. Photos of the accident scene

  2. Debris or sample of the defective auto part

  3. Documents from vehicle purchase

  4. Existing insurance policy, covering liability for defective auto parts

Product liability has the following theories: design defect, manufacturing defect, marketing defect.

Design defect- It is the error during the planning stage of the vehicle model. The owner has the responsibility to ensure the safety of the model to all users.

Manufacturing defect- It is the error during the production stage of the vehicle. The owner has the responsibility to ensure that all vehicle parts adhere to federal quality standard and safety regulations. The owner will be held liable for any injuries that a defective auto part will cause to the user.

Marketing defect- it is the failure of the owner to post or publish warning label on the vehicle regarding the potential or existing hazard of the vehicle.

Consult with a Parking Lot Accident attorney in Los Accident and learn more on how you can file a Product Liability lawsuit.

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