What Is a Defective Auto Parts Case?

Injured by a defective auto part? Faulty brakes, airbags, tires, seatbelts, and other vehicle components cause thousands of serious injuries every year. Our product liability lawyers hold manufacturers accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Defective Auto Parts Lawyers in Georgia & South Carolina

When a vehicle component fails — a brake system that does not stop the car, an airbag that does not deploy (or deploys with lethal force), a tire that blows out at highway speed, or a seatbelt that unlatches on impact — the consequences are catastrophic. The National Highway Traffic Safety Administration (NHTSA) issues hundreds of vehicle recalls every year, affecting millions of vehicles, but many defective parts remain on the road and in use until they cause serious injury or death.

At Roden Law, our defective auto parts lawyers represent accident victims throughout Georgia and South Carolina who were injured because a vehicle component failed to perform as designed. We pursue claims against manufacturers, distributors, and retailers under strict liability and negligence theories to obtain full compensation for our clients.

Common Defective Auto Parts

Auto part defects fall into several categories, each with distinct failure modes:

  • Airbag defects: Non-deployment during a crash, delayed deployment, excessive force deployment (Takata shrapnel recalls), and inadvertent deployment without a crash
  • Brake system failures: Brake fade, brake line rupture, anti-lock brake (ABS) malfunction, and electronic braking system software defects
  • Tire defects: Tread separation, sidewall blowouts, manufacturing defects causing sudden failure at highway speeds
  • Seatbelt defects: Inertial reel failure (seatbelt does not lock during impact), latch failure (buckle releases on impact), and webbing tears
  • Steering system failures: Power steering pump failure, electronic power steering software glitches, tie rod failures causing loss of steering control
  • Roof crush: Inadequate roof strength in rollover crashes, causing the roof to collapse into the passenger compartment
  • Fuel system defects: Fuel tank placement, design, or materials that allow rupture and fire in crashes
  • Accelerator defects: Sudden unintended acceleration from electronic throttle control malfunctions or floor mat interference

Georgia and South Carolina Product Liability Law

Both Georgia and South Carolina provide legal frameworks for holding auto parts manufacturers accountable:

  • Georgia: Georgia’s product liability statute (O.C.G.A. § 51-1-11) allows strict liability claims against manufacturers of products that are defective and unreasonably dangerous. Claims can be based on design defects, manufacturing defects, or failure to warn. Georgia also allows negligence claims against manufacturers.
  • South Carolina: South Carolina recognizes strict liability for defective products under common law, following the Restatement (Third) of Torts: Products Liability. Manufacturers, distributors, and retailers in the chain of distribution may be held strictly liable for defective products.

Under Georgia’s comparative fault rule (O.C.G.A. § 51-12-33), recovery is available if the injured party was less than 50% at fault. South Carolina’s threshold is 51%.

Crashworthiness and Enhanced Injury Claims

Even when a car accident is caused by another driver’s negligence, a defective auto part may have made the injuries far worse than they should have been. This is the “crashworthiness” or “enhanced injury” doctrine — the manufacturer is liable for the additional injuries caused by the defective component, beyond what would have occurred in the same crash with a properly functioning part. For example, if a seatbelt fails during a crash, the manufacturer is liable for the enhanced injuries caused by the occupant being unrestrained, even though another driver caused the crash itself.

NHTSA Recalls and Evidence

NHTSA recall data, technical service bulletins (TSBs), and complaint databases provide valuable evidence in defective auto parts cases. Our attorneys research the NHTSA recall database for every case to identify known defects, prior complaints, and recall campaigns involving the same component.

Filing Deadlines

Georgia’s product liability statute of limitations is 2 years from the date of injury (O.C.G.A. § 9-3-33) with a 10-year statute of repose from the date of first sale (O.C.G.A. § 51-1-11(c)). South Carolina allows 3 years from the date of injury (S.C. Code § 15-3-530) with a separate statute of repose for certain products. Preserve the defective part as evidence — do not allow the vehicle to be repaired, scrapped, or destroyed before consulting an attorney.

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What to Do After A defective auto parts

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Defective Auto Parts Case

To win a personal injury case involving a defective auto parts, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Defective Auto Parts Cases

Victims of a defective auto parts injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Defective Auto Parts Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Defective Auto Parts Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Defective Auto Parts Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.