If your car caught on fire, you should be able to sue. However, doing so might be difficult. Our Boca Raton product liability lawyers can help you determine whether you have a case.
When Can I Sue After My Car Catches on Fire?
There are a few situations that will allow you to file a lawsuit for a car fire. The first thing you should know is that Florida is a strict liability state for defective product cases. This means you don’t need to prove negligence. You just need to prove:
- There was a defect.
- You did not substantially alter the product after buying it.
- You were using the product in a way that was foreseeable.
- The defect caused your car to catch on fire.
- You suffered harm.
You could recover compensation if your car fire was the result of:
- A design defect: If an issue with the design caused the fire, you can hold the designer liable.
- A manufacturing defect: In some cases, the use of inferior materials or an issue during the production process can cause some sort of issue.
- A failure to warn: If the manufacturer, designer, or distributor of a vehicle determines that there is a defect causing fires, they should be issuing a recall. A recall lets consumers know that there is a safety issue with a dangerous product and lets them know what they should do (e.g., bring their vehicle to a dealership for a free remedy or stop driving the car immediately).
Identifying the type of defect can be difficult, but you don’t need to handle it alone. Our personal injury lawyers can help you identify the defect and establish how it caused your accident. We may need to discuss your case with an expert witness to demonstrate how the defect caused your car fire.
Who Might Be Liable for My Injuries and Losses from a Car Fire?
Several parties could be liable for your car fire:
- Manufacturer
- Designer
- Distributor (e.g., a dealership)
If the car fire occurred due to an auto accident, you can sue whoever caused your accident, too. You can also hold a mechanic liable if their negligence caused the car fire.
Recoverable Compensation If Your Car Catches on Fire
What you can recover for a car fire depends on the harm you suffered. If you were uninjured in the fire, you could recover:
- The costs to repair or replace your vehicle
- The costs to repair or replace property that was damaged or destroyed due to the fire
If you suffered injuries, you can recover:
- Medical bills
- Lost wages
- Lost earning capacity
- Miscellaneous expenses
- Pain and suffering and other non-economic damages
If you lost a loved one due to a car fire, our wrongful death lawyers can help you fight for justice.
What to Do After Your Car Catches on Fire
Once you have ensured your safety and gotten medical care, if necessary, you should:
- Look for recalls.
- Gather and preserve all documents related to the fire.
- Get medical care if you were injured.
- Take care when talking to involved parties (e.g., the liable party’s insurance adjuster).
- Do not accept a settlement before running it past a lawyer.
- Consult an attorney.
What Complications Might I Face Suing for a Car Fire?
There are a few things that might make filing a lawsuit more difficult:
- The other party may claim you caused or contributed to the accident. Once a manufacturer, designer, or other involved party becomes aware of a dangerous defect, it should issue a recall. If the recall included instructions on what to do (e.g., stop driving your vehicle immediately or head to the dealership to get it fixed) and you ignored those instructions, the manufacturer may claim you caused the fire. If a light or sensor popped up on your dashboard and you kept driving, the other party can use that against you, too.
- Proving product liability is often difficult. While not having to prove negligence after a car fire might make the process easier, product liability laws are complex. You don’t want to handle this process alone. Our team is here to help.
How Long Do I Have to Sue if My Car Catches on Fire?
If you are suing a manufacturer, designer, or distributor for product liability, you have four years, per Florida Statute § .95.11. If you file to file before the four years are up, you risk giving up your right to recover compensation. The court will likely dismiss your case, and you will lose any negotiating power.
Why Might a Car Catch on Fire?
There are several causes of car fires, including:
- A leaky fuel system
- Accidents
- An overheated engine
- Overheated brake pads
- Design or manufacturing flaws
- Using cheap materials
- Failure of the vehicle’s electrical system
- Shoddy maintenance
- Battery failure
While electric vehicle fires are less common than vehicles involving gas-powered vehicles, they can be harder to extinguish. Firefighters tasked with putting these fires out have said they often take hours and thousands of gallons of water to extinguish, according to the Wall Street Journal. There is also a risk of the lithium ion battery exploding, which can cause worse injuries or create a bigger fire.
What Can a Product Liability Attorney Do for Me?
Product liability cases are typically too complex for the average person with no legal experience to handle. Our team will:
- Determine who is liable for your car fire, injuries, and losses (there may be several liable parties)
- Gather evidence and use our knowledge and experience to prove liability
- Establish a value for your case
- Negotiate for a fair settlement
- Prepare your case for trial if necessary
We handle your case on a contingency-fee basis. You pay us no upfront fees, and you only pay us for our time if we recover compensation for you.
After a Car Fire, Call Us for Help Suing the Liable Party
We are here to help you recover the compensation you deserve. Call the Ged Lawyers team today to get started with a free consultation. We’ll review your case, see how we can help you, and start proving your case.
