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No one should suffer because a manufacturer chose its profits over your safety or the reliability of your vehicle. If you would like to speak to a professional regarding your rights, please fill out the free case evaluation form and an experienced member of Seeger Weiss’ staff will contact you. Initial consultations are free of charge and do not create a legal relationship.
FAQ’s:
What is Automotive Litigation?
Automotive litigation is a type of consumer protection litigation focused on legal issues stemming from the design, production, and sale of defective automobiles. Litigation may be needed to redress economic harms suffered by consumers, even if they have not yet suffered any personal injury.
How are consumer claims against automotive manufacturers litigated?
Automotive claims are litigated differently depending on the type of misconduct, the nature of the underlying defect, and how widespread its effects are. Anyone who experiences any sort of injury based upon a defective product, even if only financial, may be eligible to bring an individual claim against the manufacturer. Oftentimes, because automobiles are sold to thousands, if not millions, of people, these cases can be organized as class action lawsuits to streamline legal proceedings and fully hold the companies accountable.
In a class action lawsuit, one or several plaintiffs file a lawsuit on behalf of a larger group of affected consumers and will seek to represent a class of similar purchasers or lessees. For example, drivers who were sold Volkswagen vehicles with “defeat devices” that allowed them to circumvent EPA emissions standards for air pollution were certified as a class in the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation.
What is a Class Action?
Similarly Situated:
A class action lawsuit is brought by people who are in a similar situation. For example, in an auto class action, the group of plaintiffs all purchased the same vehicles or vehicles with the same defect and were likely injured economically because the safety or value of their vehicles compromised in the same manner in violation of a state or federal law.
Original Plaintiff Goes to Court:
This lawsuit begins when one or more people approach an auto defect lawyer about an issue, and as the investigation proceeds, the lawyer determines that a larger group of people were affected. Only the first lead plaintiff or plaintiffs go to court with his or her attorneys, but they will ask the court to permit them to represent all purchasers or lessees of the same vehicles. If a class is certified, everyone in the class will be benefitted whether through a settlement before trial or when a trial results in a judgment in favor of the plaintiff(s) and the class(es). Most class action lawsuits do not go to trial, but rather, are settled with court approval.
Amount of Settlement or Award:
Plaintiffs in class action lawsuits receive money based upon many factors, including the size of the class, the type of harm caused by the defect, and the amount of damages, such as out-of-pocket losses incurred or diminished vehicle value. The settlement or award may be given in a lump sum and divided amongst the plaintiffs based on certain criteria, or may be subject to a claims process. We discuss more on class action settlements and awards under, How Much Can I Get from a Class Action Lawsuit?
What types of defects in automobiles create liability?
A design defect exists when the design of a product is inherently dangerous or does not function properly.
A manufacturing defect arises from errors in production that cause some of the items produced to not meet the manufacturer’s intended design. Oftentimes, manufacturing defects stem from flaws in the production process, such as using low-quality materials or relying on improper manufacturing techniques.
Our lawyers have fielded claims related to almost every type of manufacturing defect, including:
- Airbag defects
- Accelerator issues
- Battery drainage
- Brake malfunctions
- Door latch failures
- Electronic system glitches
- Engine defects
- Fuel system flaws
- Light failures
- Seat issues
- Seat belt flaws
- Steering malfunctions
- Tire defects
- Vehicle structural issues
- Window flaws
What laws govern automotive litigation?
- State warranty laws and the Magnuson–Moss Warranty Act (15 U.S.C. § 2301) requires companies offering warranties to consumers to fully and clearly disclose the terms and conditions of the warranty. A consumer harmed by the failure of a warrantor to comply with its obligations under a warranty is entitled to sue for damages and equitable relief.
- State consumer protection laws, which provide consumers with protection from unfair and deceptive acts and practices, vary widely, so it is important to be familiar with the laws in your state to determine whether you have a viable claim.
- State laws precluding fraud and misrepresentation, as well as unjust enrichment, provide further routes to possible compensation depending on the conduct of the defendants, and also vary widely.
- The Federal Motor Vehicle Safety Standards (FMVSS) are US government regulations that specify how car manufacturers should design and build automobiles so that they help drivers avoid car crashes and protect drivers and passengers in the event of a crash.