Faulty grab bar in pickup truck caused a broken pelvis...

by Lynne

My husband uses the grab bar to get in and out of his 2004 pickup truck. Today, as usual, he grabbed the bar and the bar detached. My husband went down hard on the street and ended up having to be transported by ambulance to the emergency room. He has a broken pelvis in two places and will be out of work indefinitely.

I saw online that this has been a very common problem with this year, make, and model of truck, and wonder if we have a valid lawsuit. What should we do? Is this a product liability claim or what? Thank you for any information you can give.

Visitor Question:
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ANSWER for "Faulty grab bar in pickup truck caused a broken pelvis...":

Lynne (Florida):

The facts you present form the basis of a valid Product Liability Claim, also referred to as Defective Product Claim.

Manufacturers of cars and trucks have what is referred to as a "legal duty of car" to design, manufacture, and sell vehicles which will not cause undue harm or injury to purchasers, drivers, and passengers. The manufacturer appears to have breached its duty of care to your husband.

When a manufacturer breaches its duty of care, and as a result of that breach someone is injured, the victim is entitled to compensation. In most cases, that compensation will include medical, chiropractic, and dental bills, out-of-pocket expenses (for medications, crutches, etc.), lost wages, and pain and suffering.

In many cases, the manufacturer AND the car or truck dealer who sold the vehicle will be liable. Dealers also have a duty of care to make sure the vehicles they sell are safe.

There already may be a class action lawsuit filed against the truck manufacturer. If so, your husband may be able to "opt-in," or join the Class Action lawsuit. If so, your husband will be one of hundreds, or even thousands of members of the lawsuit.

Joining a class action lawsuit can be quite advantageous. Attempting to sue the manufacturer yourself would be almost impossible. These lawsuits often go on for years. They cost thousands, and sometimes hundreds of thousands of dollars to litigate.

There are law firms who specialize in class action lawsuits. As a member of the class, your husband won't have to pay any costs of the lawsuit. The law firm is only paid when, and if they succeed in the lawsuit. Speak to an experienced lawyer to find out about your options.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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