The experienced legal team at the Law Firm of Aaron A. Herbert, P.C. can help you and your family with a seat back failure claim in Dallas, Texas. We understand Texas product liability laws and can quickly and efficiently file your claim. Our team will work tirelessly to secure the best compensation possible for your accident-related hospital bills, missed wages, and pain and suffering. Count on us for reliable, personalized legal services in Dallas.
Rear-end collisions often result in driver injuries such as whiplash or concussions. What most people don’t expect is for a rear impact to seriously or fatally injure someone riding in the back seat. The back seat should be the safest place for children to sit in a vehicle. Unfortunately, an auto defect known as “seat back failure” is endangering the lives of backseat riders (mostly children) by launching front-seat passengers into the back. Our lawyers are passionate about helping the injured seek justice for auto defects such as seat back failures and want to hear from you about your recent accident.
If your loved one recently suffered a serious or fatal injury because of seat back failure, you might think this is a relatively new problem. Otherwise, vehicle manufacturing companies would have fixed it by now – right? Sadly, the truth is that major car manufacturers such as GM and Chrysler knew about the risks of weak seat backs all the way back to the late 1960s. The auto industry kept the issue quiet to avoid having to pay more money for safer vehicle design and defect repairs – despite the fact that the defect would only take a few dollars per vehicle to repair.
The auto industry trying to save money has led to thousands of preventable deaths and injuries. Seat back failures can injure and kill not only passengers sitting in the back seat but the driver as well. Drivers can suffer severe spinal cord injuries when they strike the back seat that result in loss of movement and sensation in some or all limbs. Spine injuries are generally permanent. Most experts agree that seat back failures are completely preventable. Vehicle manufacturers are aware of the problem and know how to fix it but doing so would cut into the profitability of the industry.
Today, injured parties and the loved ones of the wrongfully deceased (mostly parents filing claims on behalf of fatally injured children) are bringing lawsuits against major vehicle manufacturers in pursuit of justice and monetary recovery. Lawsuits have come on the basis of strict liability, breach of warranty, and negligence. Texas’ strict liability laws state that a product manufacturer will be strictly liable for injuries product defects cause. This means that the victims do not have to prove the company’s negligence to be eligible for compensation.
A breach of warranty lawsuit is on the grounds that the manufacturer or distributor failed to fulfill the terms of a claim or representation it made regarding the product. For example, if GM represented its seats as sturdy in the event of a crash, people injured in seat back failure incidents could bring a suit on the grounds that GM misrepresented the seats and thus breached a warranty. A seat back failure negligence claim would require the victim to prove that the defendant owed him/her a duty of care, breached this duty, and that the breach caused the injuries.
If you believe you have grounds to file a claim seeking damages for your seat back failure injuries, contact our attorneys. We have decades of experience handling a variety of auto defect claims in Texas and want to help you seek justice as well. Call (214) 200-4878 to schedule your free consultation today.