Visitor Question

Faulty grab bar in pickup truck caused a broken pelvis…

Submitted By: Lynne (Florida)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lynne,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 31, 2014

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1615 (11) {
    ["term_id"]=>
    int(732)
    ["name"]=>
    string(65) "Claims for Injuries Caused by Defective Car Parts and Accessories"
    ["slug"]=>
    string(11) "page_id_110"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(732)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(10)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "227"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *