Common causes of detached trailers:
- Defect in the design or manufacturing of the hitch or other defects present in the vehicle or the trailer – flaw in the locking mechanism of the hitch
- Failure to properly maintain or inspect a trailer and the hitch
- Failure in the locking mechanism – often due to failure to correctly place
- Failure in the safety chains – chains not properly attached to the vehicle
- Trailer was equipped with undersized safety chains
- Trailers carrying heavier lead that the ball and hitch was rated to pull
- Emergency trailer brake cable improperly attached
- Defect in the design of the product: A design defect cause of action can be established in a court of law if the manufacturer of the hitch had knowledge of a less dangerous design but failed to implement it.
- Defect in the manufacturing of the product: If the final manufactured and distributed hitch was markedly different and as a result more prone to failure when compared to the original intended design.
- Labeling defect: also referred to as failure to war o dangers associated with the common use of the product
Common Injuries:
- Brain Injury
- Facial fractures, lacerations and scarring
- Pedestrian fatalities – run over by detached trailers
- Broken bones and fractures
- Spinal Cord Injury
- Recovery for all out of pocket health and medication costs
- Cost of rehabilitation and future medical costs
- Recovery for lost wages due to inability to work and loss or reduction of future income
- Pain and suffering including emotional distress
- Punitive damage – where the defendant displayed a reckless disregard for the health and safety of the injured party