(Newswire.net — September 5, 2018) — There many reasons why one might want to file a personal injury lawsuit. It’s only natural for anyone to want due compensation for any injury that significantly alters one’s way of living permanently. The truth of the matter is that no single entity is beyond the reach of the law, and this includes some of the biggest players in business.
On July 2016, a man in Long Island lost his thumb when the car door of his BMW X-5 chopped off his right thumb. The victim, identified as Godwin Boateng, has since been wearing a fake thumb, the type that comes from a magician’s kit.
He just recently filed a personal injury lawsuit against BMW under the provisions of product liability. This was because the SCAD (soft closing automatic door) sensor of his X-5 failed to detect his thumb as he rested his hand on the top portion of the driver’s door. The door cut right through flesh and bone.
So, what exactly is product liability? It is the concept that seeks to determine whether or not, and in what way, the product that caused the injury is defective. Of this, there are three types from which a case can be derived. These three are:
Design Defects
These are defects that are deemed intentional parts of the design. As is the case in, for example, an otherwise normal coffee table that has three legs instead of four. This can be defective design-wise because it is very likely to fall over compared to a more practical design. The key concept to remember here is that design defects are exactly how companies intended the product to come out.
Manufacturing Defects
On the other hand, manufacturing defects are not intentional and are therefore caused by anomalies in during the process of production. So, for example, while a four-legged table may be deemed stable enough for use, a failure during its assembly could result in having one of the screws in the legs come off loose.
Marketing Defects
Finally, marketing defects are emphasized by the failure of the company to market their product accurately. A prime example of a marketing defect could be whenever a company fails to provide sufficient product warnings and/or instructions on the use of their product.
Boeteng, a software engineer, said since the accident, he has had trouble performing things that would normally be easy. Things such as tying his shoes and buttoning up his shirt have become a chore due to the excruciating pain that lingers despite having undergone two surgeries.
Avi Cohen, Godwin Boeteng’s lawyer, said that BMW was aware that the SCAD sensors were faulty and despite this knowledge, they did not deign to correct this defect, nor were they able to properly warn their customers of the defect.
The case is still underway and BMW’s legal team have not responded due to pending litigation.
Now, if you do find yourself in such a situation in the area, consulting a Brooklyn lawyer first would be your best bet as. Make sure you choose a lawyer in your area, as laws can differ from state to state.