If abrand new SUV caught on fire by itself on a highway after only 4 months, can I take an legal action against the manufacturer?

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If abrand new SUV caught on fire by itself on a highway after only 4 months, can I take an legal action against the manufacturer?

It caught on fire while I was driving in on a highway. I immediately pulled it over and escaped from it. I am still suffering from the trauma. What kind of legal action can I take?

Asked on February 27, 2012 under Accident Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could try to sue the manufacturer, if you believe it caught fire due to some design or manufacturing flaw. If that is the case, you could recover any out-of-pocket costs not covered by insurance (e.g. the value of the SUV if you did not have insurance for this; or the value of your deductible, if you did); you could recover lost wages, if any; possibly car rental, towing, etc. charges; medical costs; and if you suffered physical injury, possibly pain and suffering. (I do not believe you could recover for mental trauma in the absence of some physical injury.) You should speak with a product liability or personal injury attorney to review your case.


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