What Does Florida Law Say About Defective Brakes?
Michael Babboni
Recalls
Suppose you were involved in an accident resulting from faulty or defective brakes in Florida. In that case, you might be entitled to compensation from one of several responsible parties, including the parts manufacturer, seller, and anyone who has recently performed any repairs or maintenance on the vehicle.Brake failure isn’t that common, but it does happen. Brake failures cause about 5% of all accidents in the US annually. With over 5.6 million car accidents yearly, brake failure only accounts for approximately 300,000.
Causes of Brake Defect and Failure
All cars require repairs and maintenance, and older vehicles begin showing more wear and tear as time goes on. However, the brakes can fail in any car, new or old. The more common causes of brake defects and vehicle failure include neglecting the vehicle's maintenance, a manufacturer defect, a mechanic error, or faulty car parts.
Whenever you neglect proper maintenance, you are putting the vehicle, yourself, and others at risk for a breakdown or accident.
Some common brake system problems you may encounter include improperly installed brake discs, overheating brakes, leaking hydraulic lines, and cracked calipers. These systems can fail without warning and result in a serious risk of accident and injury for the driver and other motorists.
Who Is Responsible?
Under Florida law, defective brakes and brake failure that lead to personal injury can be filed as a claim by the victim against all parties liable, so the injured can recover damages.
If the driver failed to keep the vehicle in proper working order and resulted in improper maintenance of the brakes or other mechanical systems, and it caused an accident, then the vehicle owner may be held liable because they are at fault.
• Car Dealership: If you purchase a vehicle as-is, it could have defects that can ultimately cause an accident. This may involve negligence, strict liability, as well as defective parts. If the dealership that sold you the vehicle knew these issues existed but failed to remedy them, you could pursue a valid claim against them.
• Manufacturer: Some vehicles and parts are recalled or require maintenance before heading to a new buyer. If defective parts or faulty brakes are not fixed before the vehicle goes to the new owner, then the manufacturer may be held liable.
• Retailer: Another possible liable party would be the car parts retailer. If you purchased a car part that was defective and faulty and did not know, they could be held liable for any injuries you sustained as the result of the faulty brake system or vehicle parts.
To prove the accident was the result of faulty brakes or parts, you must prove that they were defective, the injuries or losses suffered were a result of the defective parts, the operator of the vehicle was using the brakes properly and as intended, and there was a direct connection between the brakes and the accident and injuries.
Due to Florida law, it is also possible that the motorist shares part of the fault in these accidents. When this happens, your compensation amount may be adjusted according to the comparative negligence rule.
Let’s say your mechanic didn’t complete a proper brake inspection, and they failed on the road, but, at the same time, you were driving while distracted; you could be found at fault for a certain percentage of the accident.
If you recently purchased a vehicle whose brake system failed and resulted in an accident with serious injuries, then consult with an experienced St Petersburg attorney who can help you file your claim and navigate the process.