Should I speak to a dealership or manufacturer for a safety defect?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I speak to a dealership or manufacturer for a safety defect?

I was driving on the highway, approx. 70 mph, My hood became separated from the latch, flying up and smashing my windshield. needless to say, we got very lucky no one was injured, and it did not cause an accident. New Link Destination
clarify, the latch is still attached to the car, the bolts broke that hold the hood to the latch. The car is used, still under lien making payments. It is a 5 year old model, which I purchased 3 years ago, not an old car by any means. Who should I ask to fix this – the dealer or the manufacturer?

Asked on July 21, 2016 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is very doubtful that either will fix this or otherwise compensate you: first, the car is 5 years old, so it has undergone wear and tear; second, you were speeding (i.e. violating the law), and going fast puts more air pressure on the hood. You are not likely to get anyone to voluntarily provide repairs or compensation for damage that occured while you were speeding in a half-decade-old car--especially when you are not the first owner, so you can't prove how the first owner maintained the car, or how he drove, or what kind of wear he put on it--and if you were to sue, you would almost certainly lose because you can't--without, say, expensive engineering or metallurgical analysis--prove that the bolts were defective and that the problem was not due, for example, to a propensity on the part of you and/or the prior owner to drive excessively fast.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption