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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I was driving in Maine in Feb. I'm not sure if I t a patch

Customer Question

I was driving in Maine in Feb. I'm not sure if I hit a patch of ice or if the steering froze up. I was traveling 35 in a 40 MPH zone on a curve, the vehicle veered off the road into a bog. The vehicle started to sink. I noticed flames coming from the back of the vehicle. I pushed the door open and began swimming away. About 20 feet from the vehicle, it exploded. The Fire Dept, Police, and EMT's arrived and pulled me from the water and took me to the hospital. I have 2nd degree burns on my arms and legs. My insurance company has deemed the vehicle a total loss and the adjuster said the only thing that could be salvaged was 1/2 of my license plate. I asked what could have caused this and the adjuster said that perhaps it was an electrical problem and water mixed with the electrical problem may have caused the fire. I don't know if this would be covered by Lemon Law but I do feel I need to find an attorney to hopefully prevent this from happening again. Lawrence Proman, Portsmouth, NH
Submitted: 8 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 8 months ago.

Lawrence, I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of practice experience handling matters such as this one. It is a pleasure to assist you today.

First off, I am glad that you are alright as this was obviously a very serious situation that could have been much worse. As to the question at hand, unless the vehicle was bought new and was less than one year old, it is unlikely that you will be able to file a suit for this being a lemon under applicable lemon laws.

If there is a law suit to be had, it will be under the theory of products liability. Products liability is a form of negligence. In the present case, you will have to be able to prove that the auto manufacturer had a duty, breached that duty, the duty caused harm and you will have to show damages.

That is possible, though the company will attempt to cite what they will claim is your own negligence in wrecking. You will need to be able to defend against that defense.

Since you live in New Hampshire, you can file the law suit in New Hampshire. I would use the website avvo.com to find a products liabilty/plaintiff attorney.

Expert:  Delta-Lawyer replied 8 months ago.

Based on what you have shared with me, you have a good case I believe. However, you will have some headwinds...but that is always the case in law suits.

Let me know if you have any other questions. Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes!

Expert:  Delta-Lawyer replied 8 months ago.

Just checking in again. This is important to me because it is important to you. Let me know if you have any other questions. Thanks!

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