Car brakes are perhaps one of the most important systems in a vehicle. Accordingly, it is essential to check them routinely and immediately fix any maintenance issues that may arise. That being said, sometimes it does not matter how careful a car owner is when it comes to vehicle maintenance: Accidents do happen. When brake failure is the cause of a Nevada car accident, this can be due to a manufacturing defect or even poor maintenance that the car owner could not have reasonably foreseen.
There are many ways in which defective brakes can lead to brake failure that causes a car, truck or other motor vehicle accident. These may include defective power brakes, emergency brakes, parking brakes, or failures in the car’s brake shift interlock. Other examples include hardened brake pads or a faulty hydraulic system. Should these issues arise due to a product defect, such as defective design, manufacturing, advertising, or negligent auto repair, accident victims may be entitled to monetary compensation through a product liability claim. There is not always an obvious connection between a defective product and an accident, however. A skilled and experienced Nevada personal injury attorney will adeptly prepare a case for trial with compelling arguments.
There are three types of defects that exist under product liability law:
Manufacturing defect: This claim alleges that despite the product being well designed, the way in which it was manufactured made it defective and dangerous;
Marketing defect: This claim alleges that the product failed to include proper warnings or instructions for safe operation of its intended use; and
Design defect: This claim alleges that the entire product line is unreasonably dangerous because the design itself is defective.
Some examples of brake design defects include overheating brakes, cracking calipers, anti-lock brake system failures, defective parking brakes, and hydraulic lines susceptible to leaks. Moreover, examples of manufacturing defects include improperly installed hydraulic lines or improperly installed discs.
As in most cases in which a victim is injured, it is the burden of the harmed individual to prove his or her case. There are generally four types of damages that are available to a victim of a defective brake accident, including:
Pain and suffering endured as a result of the injury suffered;
Monetary damages for medical bills, property damage caused, and lost wages;
Loss of consortium as compensation for the injury on a marital relationship; and
Punitive damages if the defendant’s’ conduct is considered egregious.
Potential defendants in a Nevada defective brake product liability claim include any entity that was part of the chain of commerce. This includes the wholesalers, distributors, manufacturers, retailers, and service providers, even if they did not know about or the cause of the defect.
If you or someone you know has suffered an injury in a defective brake accident in Henderson, NV — or a loved one has been tragically killed in Nevada due to defective brakes — contact the experienced attorneys at H&P Law These skilled personal injury lawyers will fight for the compensation to which you or your family may be entitled under Nevada law.