Defects in design occur when the product is moving from conceptualization to actualization. Here, defects are inherent in the basic design of a product. Design flaws may make a product unsafe to use even if it serves its intended purpose. If a defect in design causes injury, the manufacturer and supplier may be liable for those injuries.

Defects in manufacturing occur when the product is not put together correctly. Often, defects in manufacturing affect only a portion of the total products produced. Even if the majority of the products are manufactured correctly and allow for safe usage, the manufacturer may be responsible for the injuries caused by the few defective products.

Defects in marketing occur when a product is released to the public with improper instructions and/or fails to warn customers of the innate dangers of the product. Manufacturers and suppliers are responsible for informing their customers of how the product should be used safely and any dangers the customer might encounter when using the product.

When a products liability claim is filed against a manufacturer or supplier it is usually based on strict liability and not negligence. That means a defendant is held responsible or liable for their defective product no matter how much care or caution was exercised by the manufacturer. In other words, if the product is found to have been defective, the manufacturer or supplier is automatically liable for the injuries caused by that product.

For example, if you are involved in a motorcycle accident and the face shield on your helmet flies off at the time of impact causing you to lose your vision, you may be able to file a claim against the manufacturer or supplier of that helmet. When a product does not perform how it should have, your attorney can advise you whether or not you have a strong case for products liability. In this case, you will want to be sure to not only consult an experienced accident attorney, but an accident attorney with experience in products liability as you will be seeking the recovery of damages for loss of wages and ability to earn wages, pain and suffering, and medical expenses. An attorney with experience handling products liability cases will know how to best proceed with your claim and help you receive the compensation you are entitled to.

Not only may you be able to receive compensation for you injuries, but a court may order the manufacturer or supplier to pay additional money as punishment for the defective product. When this happens, you are being awarded punitive damages. That is, damages awarded are to deter the manufacturer or supplier of the defective product from continuing to provide the public with defective products. An experienced products liability lawyer will know how to argue for such compensation.

Crashworthiness refers to your vehicle’s ability to protect you in a car accident. It is a type of products liability (see Products Liability) where manufacturers are responsible for the goods they provide to consumers. Sure, none of us hope to ever be in car accident, but the truth is, car accidents are increasingly becoming more of a risk as traffic continues to surge every year.

To determine a vehicle’s crashworthiness, the National Highway Traffic Safety Administration (NHTSA) has set standards that car manufacturers must meet to receive a crashworthiness rating for different types of crashes. Vehicles are tested for their performance in frontal collisions, side-impact crashes and rear-impact crashes.

While these tests give manufacturers and consumers an idea of how much protection a vehicle will offer someone who is involved in a crash, they cannot and do not guarantee that a vehicle is in fact, crashworthy in all circumstances. There are many variables that are not tested for to determine a vehicle’s crashworthiness, such as size of the driver and passengers and where passengers are located in a vehicle when they are involved in a car accident.

Since manufactures cannot test for every type of accident a vehicle may be involved in, they cannot always be certain that their design structure is solid or provides the maximum amount of protection for drivers and passengers in all situations. Manufacturers must, therefore, take reasonable measures to make sure that their vehicles are structurally solid, that their vehicles have safety features in place and that those safety features function properly.

To determine if your injuries are a result of crashworthiness, there must either be some kind of defect with your vehicle’s safety features (e.g., seat belt malfunctions, lack of sufficient roof support, poor fuel tank welds, door latches that release on impact, airbags don’t open properly or at all, etc.), a lack of features that could have prevented injury or a failure to warn consumers of certain design features that may be harmful if used improperly.

If you are involved in a car accident, it is important that you contact a car accident attorney soon after the accident. A car accident attorney should be able to advise you on who is liable (responsible) for your injuries and help you develop a case to receive fair compensation for your damages. Determining liability is often difficult as vehicle manufacturers use parts from other manufacturers in the production of their vehicles. An accident attorney should have experience determining who is at fault and be able help you obtain the recovery you are entitled to from the party that is most responsible for your injuries.

Preserving evidence is essential whenever you are involved in a car accident (see How to Preserve Evidence after a Car Accident), but it is especially important if you suspect that the manufacturer may be responsible for your injuries. Vehicle manufactures will fight tooth-and-nail against any claim filed against them and they have considerable resources to do so. An accident attorney should be able to help you preserve the evidence that you need to make a strong case against your vehicle’s manufacturer.

We all count on our tires to get us safely over the roads we travel every day. Unfortunately, the safety of our tires is something we take for granted. Tires are not simply pieces of rubber that fit nicely on our wheels; they are strategically engineered pieces of equipment that need to be properly manufactured and maintained to keep you safe on the road (see The Importance of Tire Maintenance). When tires are not properly maintained or are defective, it can result in serious accidents.

In order to understand how tires can be defective, it is important to understand how a tire is built. Modern tires make use of a sophisticated design that enhances the life of a tire, provides better handling and minimizes tread wear. These tires are called “steel-belted radial tires” and are made up of a series of layers that are composed of different materials like rubber, steel and fibers (like polyester or nylon); the rubber is chemically bonded to these other components to increase the durability and strength of the tire.

Common tire defects include:

Aged Tires

Even the best looking tires may be dangerous to use if they are over six years old—even if they have never been used before. Older tires are more likely to fail because the chemical process used to bond all of the tire’s components together begins to break down over time. For this reason, old tires can self-destruct as you drive and cause serious accidents, especially when the tire failure happens at highway speeds.

You can determine the age of a tire by decoding the series of letters and numbers located on the sidewall of your tire. The series of numbers you are looking for is called the DOT Safety Standard Code; it is located on the inner circle of information on your tire’s sidewall and begins with the letters “DOT.” For example, your tire may read something like: “DOT MD L9 XYZ 1706.” The last four digits tell you the week and year that your tire was made. In this example, the last four digits are 1706; that means the tire was made during the 17^th week of 2006.

Tread Separation

While steel-belted radial tires offer longer life and handle better than tires made from older technology, the adhesion between the steel belt and rubber treads can come loose causing the tread to separate from the steel belt. When the tread separates on your tire, it can result in a tire blowout, loss of control, collisions and even deadly rollovers; this is the most common type of failure seen in steel-belted radial tires. Tread separation can be a result of aged tires, poor design or irresponsible manufacturing.

Faulty Valves

The tire valve is the piece of equipment that allows you to check the air pressure in your tire and add or remove air from your tire as necessary. If a valve is poorly manufactured or designed, it may crack and cause the tire to rapidly lose air. A faulty tire valve can cause tire failure and result in serious injury if it occurs at highway speeds.

Defective Materials or Design

When tires are made from defective materials or utilize a poor design they are more likely to cause tire failure. Defects of this kind are usually unnoticeable to the naked eye and put trusting motor vehicle drivers at risk of serious accidents.

According to the NHTSA, more than 8,000 collisions caused by faulty tires result in injury or death every year. Victims of tire failure may be able to seek compensation for things like: pain and suffering, medical expenses, property damage, lost income and reduced earning potential. Often times, getting the compensation to which you are entitled requires the skill of an experienced attorney.

If you believe that tire failure was the cause of your accident, it is important to contact an attorney as soon as possible. Look for an attorney who has experience holding manufacturers and dealers responsible for defective tires.

To keep you and your family as safe as possible, it is important to properly maintain your tires and have them periodically inspected by professionals. It is also important to keep abreast of tire recalls. You can keep yourself informed of tire recalls by regularly visiting the National Highway Safety Administration’s Website at http://www-odi.nhtsa.dot.gov/cars/problems/recalls/recallsearch.cfm.