Legal Question in Product Liability in California

Re: Automobile Malfunction

You certainly can bring the action in Tennessee, since that is where the accident occured. You would not have to sue them in CA (and depending upon the nature of your claim perhaps could not sue them anywhere but Tenn.), unless you had some reason to want to sue them in CA. This answer and the answer to your other questions depend upon facts you haven't described in your question. What, in particular, was the defective condition? It makes a difference if a part was just individually defective, or was part of a defective design. Because you mention that the car had been subject to recall, it sounds more like defective design. You must also establish that the defect actually caused the accident. Physical evidence is the key here, and in any products liability claim it is absolutely vital that you preserve the defective product, in the condition it was in at the time of failure. If you have other questions, please let me know.

Re: Automobile Malfunction

Yes you should bring one lawsuit which covers all potential defendants, manufacturer, retailer, and other wrongdoers. If there is a product defect of some sort, there may likely be other suits already underway. You should get a lawyer to help you who can plug into those resources.

Unless California law is better for your claim you can and probably should sue them in Tennessee as that is where your accident happend. If you live in Tennessee then that may be the only place to bring it and get in all the parties you need. If you live in California it may be cheaper to sue there, but you should keep in mind the cost and trouble of getting witnesses and other proof to the court. You also may have jurisdiction problems depending on who the players are.

If you were seriously injured you should see an attorney immediately. These types of cases do not get better with time they get worse. You need to preserve evidence not just of the defect but of your injuries and damages. You need to begin an investigation. In other words, you or your lawyer have a lot of work to do and it needs to be done soon for the greatest effect.

If I can be of further assistance to you please do not hesitate to call me 901.527.5522 or e-mail me. Good luck.

Re: Automobile Malfunction

These questions are best decided by the law firm that handles your case. There are a number of reasons why your attorneys may want to file in a particular jurisdiction and name particular defendants.

What you should be concerned about at this moment is preservation of the evidence, meaning the vehicle and all it's parts in their present condition. This is absolutley vital to your case.

Next, interview law firms that specialize in products liability and have experience with the auto manufacturers, especially Kia. Choose a firm that you have trust in that has the experience and resources to go the distance.

John Bisnar, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.bestattorney.com, www.seatbeltlaw.com, [email protected], 800-956-0123

Re: Automobile Malfunction

The state of the injury or the state of Defendant's corporate location are both states in which you can

file. If you reside in a state other than the state of Defendant's corporate location, you have, as opposed to a state court action, the alternative to file in federal district court based upon diversity of citizenship.