Product Liability - SUV rollover

[civilearth]

What is the name of your state?What is the name of your state CA

My wife had a roll-over with her 2001 SUV on a clear sunny December 2004 morning and we had copies of complaints to the dealership regarding the suspension problems prior to the accident. We are comtenplating suing the dealer and manufacture under the general civil - $25,000 limit for product liability since no attorney is willing to help us. Please let me know what steps I should take and do we have to pay other party's attorney fee if we lose the case. Please help.

 

[Some Random Guy]

People have sued for dumber things and won. See the recent case where a person fell asleep at the wheel, killing many passengers. Recently won a $61 Million verdict from Ford.

If you plan to sue the manufacturer, I would really suggest having a lawyer because the lawsuit is going to take lots of time and money. Your case against the mfr is hindered by the fact that you have documentation of problems before the accident.

Cars break down. People then get them repaired. In a perfect world , the manufacturer of the carshould not be liable if you drive a car with known suspension problems and you got into an accident.

Now, if the dealer knew of these problems and told you the car was safe to drive, and if the police reports and evidence show that the suspension was the cause of the accident, then you may have a case against the dealer.

What are your actual damages? If there were no injuries, then what part of the vehicle damage was not covered by your insurance?

 

[civilearth]

reply to the good samaritan

Well, in a perfect world we only have limited liability - our own mistake. Since the car roll-over on it's own while my wife tried to switch back to her own lane with speed less than 35MPH; there is no other party involved in the accident. We had brought the suspension issues to the manufacturer dealership and were told either they can not reproduce the same problem or they suspect it is the brake (for noise occurred during driving). The car had less than 39,000 miles when it roll-over twice and was considerded totalled by the CHP. We had to spend $400 or more for it to be towed and gave the pink slip to the junk-yard. My wife was transported to the emergency room with minor bruises. She was released on the same date but since then had sustained headaches from time to time. No attorney we spoke with will take this case since my wife did not sustain serious physical injuries. Any other suggestions will help, thanks.

 

[InsuranceLadyAZ]

This is certainly not my area of expertise, but I've been an agent for a long time and have never heard of a car just rolling over on its own. Is it possible your wife oversteered, causing her to lose control of the vehicle? Don't get angry, just a thought. SUVs have a higher center of gravity, I have read, and are therefore more susceptible to roll-over accidents.

I lost control of a small sports car a few years ago when I tried to change lanes to avoid something and flipped it, so I'm sure it's not difficult for someone to flip an SUV.

 

[Some Random Guy]

Do you have any evidence that the wreck was caused by a suspension problem? Have you had the car examined at the junkyard by an auto-accident expert?

Did the CHP make any determination as to the cause of the accident or the actual speed your wife was driving?

Although I do agree with InsuranceLadyAZ that some SUVs have high centers of gravity and can roll over much easier than cars, especially when swerving to avoid objects in the road.