When tailgate latches or cables fail, serious injuries can easily occur. Those injured due to such a defect may be permitted to seek compensation through what’s called a product liability lawsuit.
If a manufacturer fails to reasonably ensure the safety of their products and someone is injured as a result, they open themselves up to liability. While bringing a product liability claim can be quite a complex process, there are many law firms which specialize in product liability law, and take these cases on contingency (no win, no pay).
The design of some pickup trucks leave them open to potential problems that can lead to injuries for users in the event of a failure. For instance, the tailgate latches could become stuck in the release (open) position, or the tailgate cables/struts can corrode and break, causing crush injuries, falls, or even passenger ejections.
GM Tailgate Recall
After 134 reported injuries, GM recalled over 3.7 million Chevrolet Silverado and GMC Sierra pickup trucks (model years 1999 to 2004) in order to fix tailgate cables which were known to corrode and break.
Your Rights as a Consumer
If your tailgate has recently broken or otherwise failed, check with your manufacturer to see if there are any related safety recalls for your vehicle. If so, the dealership will replace or repair the affected parts free of charge.
If someone suffered an injury due to the failure of a tailgate latch, cable, or strut, the victim may be able to recover compensation for medical bills, pain and suffering, lost wages, disfigurement, and more through a product liability claim.
In order to bring a product liability claim against the manufacturer, you need to find an attorney experienced in personal injury and product liability law. Find a product liability lawyer in your area who offers free consultations, and provide a rundown of what happened, and try to answer any follow-up questions to the best of your ability. If they feel as though you have a valid claim, they’ll explain the legal options available to you moving forward.
Product liability attorneys generally take all of their cases on contingency, meaning you never have to risk a penny of your own money to pursue your claim. The attorney only takes a fee if and when they secure a jury verdict or out-of-court settlement.