When an automobile accident takes place, the attorney’s first reaction is to bring a claim against the other driver where warranted. However, in many circumstances, the other driver is not responsible or does not have sufficient insurance coverage for the injuries sustained. When this occurs, under the appropriate circumstances, inquiry into a products liability claim is warranted. This includes cases involving defective airbags, seatbelts, rollovers, faulty brakes, fuel fires, tire tread separation and innumerable other product failures.
Once the attorney has determined that a product defect contributed to the injuries, the next step is to determine the proper forum in which to sue the defendant. Foremost is the decision of whether it is most advantageous to file in federal or state court. For the most part, the defendant will be able to remove a case filed by a Pennsylvania plaintiff to federal court based upon diversity of citizenship. If the plaintiff is from Pennsylvania and purchased the car in Pennsylvania, bringing suit against the dealer will defeat diversity of citizenship, thereby allowing the claim to continue in state court.
