Defective Gas Tanks

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Defective Gas Tank Lawsuits

Defective gas tanks frequently cause fuel-fed fires and explosions in vehicle accidents.  If a person suffers personal injuries due to a defective gas tank, they can bring a personal injury lawsuit seeking damages from the responsible parties.  If a defective gas tank results in the death of a person, a wrongful death action can be pursued by the family of the deceased.  These lawsuits can be extremely complex and they should only be handled by attorneys with experience in similar automotive products liability cases. 

Significant resources must be expended immediately after the accident to make sure the facts of the case are properly investigated and that all available evidence is gathered and protected.  If a mistake is made at this stage of the case it can greatly diminish the value of the claim and the plaintiff’s ability to succeed in any subsequent litigation.  Experts trained in automotive accident forensics and other specialties will investigate the condition of the vehicle, the gas tank and the accident scene looking for evidence of a defect.  This task can be extremely difficult because much of the physical evidence was likely damaged in the fire or subsequent explosion.  Historical records of the vehicle and others like it will also be important to the defect investigation and must be thoroughly analyzed by professionals. 

Attorneys and their staffs will also use the time immediately following an accident to gather official reports from the police or other first responders, interview witnesses, take photographs, and compile information regarding any physical injuries.  Documents such as medical reports, bills, and employment records will be assembled whenever they become available.  As with any serious automotive products liability case, a defective gas tank lawsuit will require extensive work on the part of multiple experts in order to prove the plaintiff’s allegations regarding liability and damages. 

If it is determined that the plaintiff’s injuries were caused by a defectively designed or manufactured product, such as a gas tank, the plaintiff can file a products liability lawsuit against the sellers of that product.  Products liability lawsuits are governed by special rules which can often make it easier for a plaintiff to establish liability on the part of the defendants.  Responsibility for injuries or deaths caused by a defective product can potentially fall on any of the parties involved in the product’s chain of distribution.  These parties generally include the product designer and manufacturer, as well as the product wholesaler and retail seller.  There are three main theories under which the seller of a defective product can be held liable to one who is injured, including negligence, breach of warranty, and strict products liability. 

Every lawsuit is different and the unique facts and circumstances of the case will determine the best products liability theory to pursue and the evidence that will be required to prove the plaintiff’s case.  If the plaintiff is successful in proving liability, they will be entitled to recover compensation from the defendants in the form of damages.  The damages that may be recovered in a personal injury lawsuit will vary depending on the facts of each case but can generally include past and future medical expenses, lost wages, property damage and pain and suffering.  In some auto products liability cases, punitive damages may also be available. 

It is very important to note that all lawsuits related to vehicle accidents, personal injuries and wrongful deaths are subject to strict laws known as “statutes of limitation.”  A statute of limitation limits the amount of time you have to file a claim.  If this deadline is missed, your right to recovery will be lost forever.

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