Product liability (Auto)¶

Domain guide, Auto subrogation, theory 2.5

The theory¶

A defect in the vehicle or a component caused or contributed to the loss; the manufacturer or supplier is the target.

Who must be on the roster¶

manufacturer or parts_supplier.

Facts that establish it¶

product_defect_indicated
mechanical_failure_described
component_failure_sequence_stated
A recall (recall_or_warning_referenced) corroborates but does not confirm.

What defeats it¶

Component discarded (spoliation; indeterminate with a material caveat).
State's product statute of repose where the vehicle's age exceeds it.

Recovery channel¶

Suit. Manufacturers do not arbitrate and rarely settle without an engineering report.

What the carrier does¶

Preserve the vehicle and the failed component; do not release the salvage.
Retain an engineer.
Check the recall database.
Notify the manufacturer in writing to inspect.

A claim that fits¶

The insured's two-year-old SUV was travelling at highway speed when the steering became unresponsive; the vehicle left the road and struck a barrier. The tow operator's notes describe a fractured tie-rod end with a clean fracture face. The vehicle is in the carrier's salvage yard, hold placed. A manufacturer safety recall for tie-rod ends on this model year was issued four months ago.

How the engine reads itManufacturer on the roster; the three product facts stated; damaged_component_disposition: retained; recall corroborates. Product liability confirmed, refer, channel suit, 24-hour preservation action on the component.

Records behind it¶

Theory record AUTO-SUBRO-THEORY-004