6 Deaths Attributable to Manufacturer Defect
At least six people have died because of accidents involving faulty ignition switches in GM compact cars, causing the automaker to recall 778,562 of its 2005-2007 Chevrolet Cobalt and 2007 Pontiac G5 compacts. GM told the National Highway Traffic Safety Administration that the ignition switch can fail when a key ring is "carrying added weight, or the vehicle goes off road, or experiences some other jarring event." In those cases, the switch could be "moved
- Vehicle roll-overs
- Accelerator malfunction
- Tire defects
- Brake failure
- Vehicle Fires
Strict products liability lawsuits involving cars are similar to products liability lawsuits brought for defects of other types of consumer products. These types of lawsuits are often superior to lawsuits alleging negligence and breach of warranty because strict products liability lawsuits do not require the victim to prove that a contract existed or that the manufacturer violated their standard of care. To prove a case for strict products liability, 3 basic elements must be shown:
- The company being sued must have placed the product into the market as a manufacturer, member of the chain of distribution, or as a seller of the product.
- The product had one of three problems: a design defect, manufacturing defect, or improper warning or instructions.
The defect or failure to warn must have caused the injury as a result of use of the product in the manner that it was intended to be used for.