Sample of Consule

I was injured in a self-inflicted accident because the brake did not work. I want to sue the manufacturer under the PL Law.

Since the brakes did not work on the mountain road, I hit a cliff and managed to stop. It was a self-inflicted accident, but the impact caused me to be whiplashed, and my arm was also bruised and injured. Is it possible to sue the manufacturer under the Product Liability Law (PL Law)?

  • Target car
  • New or Old new car/used car
  • Classification PL
  • Claimed compensation for damages
  • Part brake (engine/handle (steering))
  • Phenomenon Brake failure accident (sudden start/runaway/unable to turn the steering wheel)

Answer and Suggested Solutions

If you are injured due to a car defect, you may be able to claim treatment and repair costs from the manufacturer under the PL Law.

Solution point

  • Because the car's brakes did not work properly, causing an accident and inflicting damages (extended damages) in the form of injuries to people other than the car, the manufacturer's liability will be pursued under the Product Liability Law. You may be able to request a repair fee and the costs of medical treatment for the injuries and damages to the vehicle by pursuing the liability of the manufacturer.
  • In order to do so, it is necessary to prove that the accident/injury was caused by a defect in the car, and that there is a substantial causal relationship between the defect in the car and the accident/injury.
  • Ask the dealer or the manufacturer to investigate the vehicle and clarify the cause of the accident. Also, as you proceed with negotiations, write down the details of the accident and keep your medical bills. The focus will be on the cause, content, and driving conditions of the malfunction.
  • If there is a problem with the vehicle and there is a possibility that you were injured in this accident, you will be required to negotiate with the manufacturer for treatment costs, repair costs, compensation, etc.Negligence may be counterbalanced by the maintenance situation and the driving or the operation at that time.
  • If no settlement can be reached after negotiating with the manufacturer regarding treatment costs, repair costs, compensation, etc., and if both parties (consumer and manufacturer) agree, a lawyer attached to our consultation center will mediate a settlement. Also, it is possible to use an out-of-court dispute resolution procedure called "examination" by an examination committee for free or at a low cost.