What are the most common types of vehicle rollover lawsuits?
In Florida, vehicle rollover lawsuits are generally filed as negligence cases. Negligence is defined as a failure to act with reasonable care, resulting in injury to another person or property. In a vehicle rollover lawsuit, a plaintiff will typically allege that the defendant (such as the car manufacturer, the car repair shop, the driver, the state, or another party) was negligent in some way that caused the accident to happen. The most common types of negligence in a vehicle rollover lawsuit are design and manufacturing defects, improper warnings or safety instructions, and improper maintenance. In a case involving a defect in the design or manufacture of a vehicle, the plaintiff must prove that the vehicle was defective and that this was the cause of the accident. A lawsuit involving improper warnings or safety instructions may allege that the Plaintiff was not adequately warned of a particular danger that caused the rollover or that the safety instructions provided were inadequate or misleading. Finally, a lawsuit involving improper maintenance may allege that the vehicle was not adequately serviced or maintained in accordance with the manufacturer’s specifications, resulting in a rollover. In some cases, a plaintiff in a vehicle rollover lawsuit may also allege other causes of action such as strict liability or breach of warranty. Strict liability applies to certain products, such as motor vehicles, whereby the manufacturer or seller is held strictly responsible for any injuries or damages caused by the product despite the fact that they acted with reasonable care. Breach of warranty occurs when a seller or manufacturer fails to fulfill the promises made in the warranty.
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