(845) 802-0047As long as it is designed and used properly, tow hitches on modern SUVs, pickups, and especially semi-trucks should be able to secure trailers weighing thousands or even tens of thousands of pounds without any issue. As you may have unfortunately learned, though, two hitches are one of many automobile components that can get through the production process with serious maintenance defects, and those flaws can sometimes cause catastrophic accidents out on the road.
Depending on the circumstances, there may be more than one person who holds civil liability for injuries you have suffered due to a tow hitch defect in New York. No matter how your accident happened or what specific damages you need to seek recovery for, though, guidance from a seasoned truck attorney will dramatically improve your chances of getting the best possible result from your unique claim.
Strict Liability for Tow Hitch Manufacturers
Under New York law, companies that make and sell consumer products of any kind, including automotive parts, are strictly liable for any injuries caused by a defect in one of these products. More specifically, it is possible to sue a manufacturer over a problem with their product’s design, manufacturing, or “marketing”—insufficient instructions for proper use—without proving that the manufacturer did anything specifically reckless or careless to cause the defect in question.
In order to establish grounds for a strict liability claim in New York over a tow hitch defect, an injured person must also prove that:
- The defect was present in that tow hitch when it left its manufacturer’s direct control
- The hitch’s condition did not meaningfully change at any point between that point and when the injury occurred
- They were using the hitch properly when the defect caused it to fail and injure them
Among other things, support from a knowledgeable legal professional can be vital in establishing that all these criteria have been satisfied by a particular claim.
Who Else Could Be Liable for a Tow Hitch Accident?
While it is certainly not uncommon for defective tow hitches in New York to fail without the hitch’s owner doing anything else wrong in their use of the hitch, it is also not unheard of for people to use tow hitches irresponsibly. Even if the manufacturer is still partly to blame for the defect itself, partial liability may also lie with a driver who, for example, overloads a trailer past its weight limit in a scenario like this.
Likewise, if a trucking company keeps a truck out on the road despite knowing of a serious problem with its hitch, any subsequent failure that causes a serious injury may be considered partly or even primarily the trucking company’s fault.
Contact a New York Attorney for Help with a Tow Hitch Defect Litigation
Tow hitch defects in New York cause more accidents and injuries than many people think, and when hitches break and let a trailer slip free of a truck traveling at high speeds, the resulting accident can be devastating for everyone involved. Fortunately, you have support. Contact our firm to take legal action over this kind of incident and demand compensation from everyone who played a role in causing or facilitating it. Call today to learn more.