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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was getting into a rental car. I did not notice the center

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I was getting into a rental car. I did not notice the center console above on the roof in the center of the car. I tried to get myself adjusted in the car and jammed my neck in the car twice. first 2 days were mild pain but day 3 now and I am in extreme pain. Is there liability on the rental cars part or manufacturer's part?
Hi,

Thank you for your question.

When you injure yourself on a product, the seller/manufacturer of the product is only liable for your damages related to the injury if the design of the product is negligent. This is called "product liability."

To establish liability, you would have to show that the design element of the car, i.e., the center console on the roof of the car, was negligently placed and was inherently dangerous. Thus, there should either be a warning, or it should not have been put there at all.

This sort of case, where the hazard is one which is open and obvious, must be inherently dangerous for there to be liability.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 3 years ago.

The vehicle will be here in a few minutes. I knew I was going to have to look for a warning sticker first. What type of attorney would look at this after I see if there is any worning labels in there. Who would be able to establish negligence in this case? Would the negligence be up to a jury?

A products liability/personal injury attorney is the type of attorney you would want to consult with in person on this case.

The burden would be on you as the Plaintiff to establish negligence on this. There would likely be two evidentiary hoops you would have to go through. The first would be summary judgment and the second would the the trial.

You would have to show at summary judgment that there was an element of inherent danger in the console. This would be supported by your own testimony, by document discovery which shows if anyone else has been injured in a similar fashion, and then by expert testimony from a car design expert who would state that the design was dangerous.

If you pass this hurdle by showing that there is at least some evidence to support your claim of dangerousness, then you get to present it to the jury.

The jury would make the ultimate determination of whether there was negligence at play in the design or not.
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