Litigation Trends for Aftermarket Vehicles Examined in New Article from Illinois Trial Lawyers Association - 2012-01-09

The Illinois Trial Lawyers Association has published Brett Emison this month on litigation trends involving aftermarket vehicles such as RV's, ambulances, limousines, and all-terrain vehicles. The article, "Altered Reality: Hidden Dangers of Modified Products and Aftermarket Components," appeared in the winter 2012 edition of Trial Journal magazine.

Brett's article looks at the various categories of aftermarket vehicles and how various courts have interpreted varying levels of liability to modifiers of vehicles, as compared to most cars and trucks on the road which are “original equipment” (OEM) vehicles.

"There are millions of vehicles on the road that have been modified or altered before put into use," the piece explains. "Many attorneys who practice products liability litigation are unaware of the rapid growth of the aftermarket sector, particularly within the automotive industry, and its impact on product defect claims.  From a liability standpoint, those who make modifications to vehicles or design and sell aftermarket parts are really co-designers and co-manufacturers with the original product manufacturer, and thus may be liable in cases of product defect.

"There are two broad categories of aftermarket or modified materials: (1) aftermarket components; and (2) modified products.  Aftermarket components are just that: third party (non-OEM) component materials installed on an OEM vehicle.  Modified products may have originated as completed original equipment or an OEM body, but have been modified into something different, such as a conversion van, handicapped accessible vehicle, ambulance, or an RV.

"Aftermarket equipment –- whether components or completed products –- can differ greatly in terms of quality and safety.  Aftermarket equipment is not typically subject to the same rigorous safety and testing standard as original equipment components and products.  Nevertheless, aftermarket equipment continues to grow and, according to 2010 research from the Automotive Aftermarket Industry Association, aftermarket products represent a $257 billion market in the U.S."  

Brett's legal practice is devoted entirely to the defense of people, not companies. He focuses primarily on catastrophic injury and death cases, as well as class action and other complex tort cases. This array of personal injury litigation has included automobile defects, railroad crossing accidents (train accidents), trucking accidents, dangerous or defective drugs, defective medical devices, and a variety of other cases. A member of the Executive Committee of the Missouri Association of Trial Attorneys, Brett was named an "Up and Coming Lawyer" by Missouri Lawyers Weekly in 2011 as a rising star in the profession.