Jersey City Software Product Liability

Posted February 12th, 2021 by .

Categories: Uncategorized.

Jersey City Software Product Liability | The Law Offices of Anthony Carbone

When you mention a product, most people don’t consider software as part of that classification, which is why software product liability claims are shrouded in mystery. Did you know that you can take legal action against a company if their software causes you harm? This article reviews this topic and tells you how a Jersey City Personal Injury Attorney can help your case.

Software Product Liability Laws

Under product liability law, software is considered a product, which can be bought, used, and could cause harm. You may be able to recover damages if you can prove to a judge or jury that software caused your accident and resulting injuries. To prove your case, you will need to establish the following key facts:

  • The software vendor owed you a duty to provide you with safe and functioning software.
  • The software provided did not meet the basic standard of quality.
  • You sustained an injury and other damages.
  • The error or defect in the software caused your injuries.

It is important to note that according to tort law, your case is only valid if you didn’t enter into a signed contract with the software developer. If you did sign a liability waiver, you might experience difficulties pursuing damages.

Software and Third-Party Injuries

While a well-worded liability waiver may limit a provider’s liability for your injuries, it does not cover all scenarios. If you sustain a physical injury due to software use, you may be eligible for compensation if the provider was negligent or purposely caused you harm.

Software defects can be more than an inconvenience to the user. They could cause physical injury and other subsequent losses such as medical bills, lost income, and property damage. In the following examples, we highlight how some large companies caused losses to their clients:

  • Boeing 737 MAX

The 2018 Lion Air crash and the 2019 Ethiopian Air crash are two recent and unfortunate fatal crashes, especially the families of the victims. According to the Federal Aviation Administration, the accidents were caused by software defects in the automatic control systems of the Boeing 737 MAX. The families of the victims have since then pursued and won liability claims against the company.

  • Toyota Prius

Toyota recalled 2.5 million Toyota Prius vehicles in 2018 and 1 million more in 2019 due to a software glitch that caused the cars to stall at high speeds. This malfunction was the subject of several lawsuits, including one in 2019 where a jury ordered Toyota to pay a car dealer $15.8 million in damages.

Pursuing Damages in a Software Product Liability Case

It is possible to pursue compensation from a manufacturing company if you can prove that their software caused your injuries. You will need to establish that the company owed you a duty of care and that they breached it. Additionally, you will need to show that your injuries resulted in other related losses, such as medical expenses and lost income.

Talk to a Jersey City Personal Injury Attorney

Like all product liability cases, a software product liability claim may involve several legal theories and elements, which could be difficult to establish on your own. If you have been injured by software, contact the Law Offices of Anthony Carbone today at 201-733-2230 to set up a free consultation with an experienced Jersey City Personal Injury Attorney.

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