Vehicles with Design Flaws Claims

When we get behind the wheel, we trust that our vehicle is built to keep us and others safe. But sometimes that trust is misplaced—not because of how the car is driven, but because of how it was designed in the first place. Design flaws in vehicles can lead to serious mechanical failures, electrical faults, and accidents that should never have happened.

At John O’Leary Solicitors LLP, we’ve been helping individuals and families across Tallaght and Dublin for over 20 years. We know the roads, we know the risks, and we’ve seen how dangerous a poorly designed or defectively manufactured vehicle can be, especially when the fault isn’t obvious until something goes badly wrong.

With a record number of dangerously defective vehicles failing the NCT last year, the risks on Irish roads are growing. From steering and suspension faults to brake defects and electrical failures, a flawed vehicle design can quickly turn a routine journey into a life-altering incident. Whether your car was part of a known recall or the fault came as a complete shock, you deserve answers and support.

If you’ve been injured or affected by a vehicle defect, get in touch with us. You’ll speak directly with a solicitor who understands these claims and can explain your options clearly. We’ll look at what went wrong, how it could have been avoided, and what can be done to put it right.

When Your Car Puts You at Risk

Most drivers think of car trouble as something that comes from wear and tear, missed servicing, or the odd part giving out with age. But sometimes the problem isn’t how the vehicle has been used—it’s how it was built. A design flaw is a hidden danger that affects the car from the moment it leaves the factory floor, and it can put you, your passengers, and everyone else on the road at serious risk.

In 2024, over 128,000 vehicles failed their NCT due to dangerous defects—the highest figure on record, according to the National Car Testing Service. While not all of those failures point directly to design flaws, they highlight a growing concern: cars that appear roadworthy on the surface may have critical faults underneath, and some of those faults trace back to how the vehicle was originally designed, not how it’s been maintained.

Unlike mechanical wear, a design flaw is baked into the model itself. It might involve:

A structural weakness in the frame or suspension
A brake pedal that’s too small or placed awkwardly
A battery system prone to overheating in electric vehicles
Airbags that deploy late—or not at all—in a collision
Poor mirror positioning or blind spots that compromise visibility

These aren’t the kind of faults most people can detect themselves. In many cases, drivers only realise there’s a problem after a close call—or worse, after an accident that should never have happened. And when that happens, it’s natural to wonder whether the blame lies with you. But if the car failed because it wasn’t designed properly in the first place, you may be entitled to bring a claim.

Design flaws can occur in brand new vehicles, used imports, or even cars that pass the NCT one year and fail the next due to inherent weaknesses becoming visible over time. Some faults may be part of an international recall; others may be well-known within the industry but still denied by the manufacturer until multiple claims are made.

At John O’Leary Solicitors LLP, we’ve supported many clients across Tallaght and Dublin who found themselves in situations like these—injured or left out of pocket because their vehicle simply wasn’t safe. If your car failed unexpectedly or an accident left you wondering whether something wasn’t right under the bonnet, we can help you get to the bottom of it.

What the Law Says About Defective Vehicle Design

If a car part fails because of poor maintenance or wear and tear, that’s one thing. But when a vehicle causes injury or damage because of a fundamental flaw in how it was designed, Irish law provides strong protection for the people affected—whether the defect was obvious or not.

The primary legal basis for making a claim due to vehicle design flaws falls under the Liability for Defective Products Act, 1991, which implements EU-wide consumer protection standards. This law follows a principle called strict liability. In short, you don’t need to prove that the manufacturer was careless or negligent. You only need to show that:

The product (vehicle) was defective;
The defect caused injury or damage;
You were using the product in a foreseeable or intended way.

This removes many of the usual legal barriers consumers face when trying to pursue manufacturers, especially those based abroad.

What Is Considered a 'Defect' in a Vehicle Design?

A product is considered defective when it fails to provide the level of safety that a person is generally entitled to expect. With cars, this means the vehicle must be safe when used normally and as intended—even over time and under common road conditions.

Design defects differ from simple manufacturing errors. They are flaws in the overall blueprint—faults that exist in every unit of that particular model or system. Examples include:

Steering systemsthat are overly sensitive or fail under pressure
Pedal arrangementsthat increase the risk of accidental acceleration
Roof structuresthat collapse in low-speed rollovers
Hybrid or EV battery packsthat overheat under routine use
Airbagsthat misfire or fail to deploy due to poor sensor calibration
Vehicle geometrythat causes unpredictable handling or braking

These defects may not cause immediate issues but can create dangerous conditions over time or in specific circumstances, such as emergency braking, a crash, or high-speed turns.

Relevant Consumer Laws for Vehicle Buyers in Ireland

In addition to product liability law, Irish drivers are also protected by the Sale of Goods and Supply of Services Act 1980. This legislation requires that all goods sold—including motor vehicles—must be:

Of merchantable quality
Fit for purpose
As described
Reasonably durableand free from dangerous defects at the time of sale

These conditions apply whether you’re buying a brand new car from a main dealer or a used vehicle from a registered trader. If a car was sold with an inherent safety issue, and you weren’t clearly warned about it in advance, the seller may also bear legal responsibility—particularly if the issue was one that would not have been discovered on a routine test drive.

A crucial but often overlooked clause is Section 13 of the 1980 Act, which specifically addresses motor vehicles. It implies a condition in every motor vehicle sale that the car must be free from any defect that would make it a danger to the public. That includes design-related faults. However, consumers should note that some dealer contracts may attempt to exclude or limit these protections—another reason to consult a solicitor before accepting a denial of responsibility.

Who Can Be Held Liable in a Design Flaw Claim?

Responsibility for a design flaw can rest with more than one party:

The manufacturer, regardless of whether they’re based in Ireland or overseas
An EU-based importerwho first placed the product on the EU market
A distributor or authorised dealer, particularly if they failed to act on known issues or recalls
In certain cases, repair garages or retrofittersmay share liability if they introduced modifications that compounded a flaw

One of the strengths of strict liability law is that the injured person doesn’t need to pinpoint where the fault originated in the supply chain. It’s enough to establish the product was defective and caused harm.

What About Recalls or Known Faults?

If a manufacturer has issued a recall for the vehicle model or part in question, and you were never contacted or informed, this can strongly support your claim. But even if no formal recall was issued, that doesn’t prevent you from taking legal action. The absence of a recall doesn’t prove safety—it may simply reflect internal delay, denial, or lack of sufficient public pressure.

Your solicitor can check international databases (including U.S. and EU recall registers) to identify patterns in defects that haven’t yet triggered action in Ireland.

What You’ll Need to Support a Claim

If you believe that your vehicle’s design may have contributed to an accident or dangerous failure, the first step is to gather clear, reliable evidence. A strong claim doesn’t just rely on the fact that something went wrong—it must show that the failure was caused by an underlying design issue, and that the vehicle was used as intended.

Here’s what you can do to support your claim and protect your position.

NCT Records and Inspection Results

The National Car Testing Service (NCTS) reports are often the earliest indication of a problem. If your vehicle failed the NCT under a “fail dangerous” classification, that alone could be a red flag. These records are official, time-stamped, and show what component failed, making them valuable evidence—especially if the defect was not something you could reasonably have noticed or repaired.

If the failure came during a re-test or after a part replacement, these details are also relevant. The more complete the picture, the stronger your case.

Mechanical or Engineering Reports

If your vehicle was inspected by a mechanic, dealership, or independent engineer—particularly after a fault or accident—their report could provide crucial insight into whether the failure was due to misuse, wear and tear, or poor design. Where possible, keep:

Repair quotes or diagnostic reports
Written assessments or “unfit to drive” notices
Workshop invoices detailing parts replaced and root cause analysis

Your solicitor can also arrange an expert inspection if needed to assess the vehicle from a liability perspective.

Medical Records and Garda Reports

If an accident occurred and someone was injured, medical and Garda documentation becomes vital. These records help establish the severity of the incident and confirm that it resulted from a single, identifiable event. Be sure to keep:

Emergency department records or GP notes
Garda incident reports (if an accident was reported)
Any insurance documentation noting cause of collision or fault

Photos, Videos, and Witness Statements

Visual evidence carries weight—especially when it shows physical damage, failed components, or hazards such as misaligned wheels, warped structures, or dashboard error lights. Take clear photographs from multiple angles as soon as possible after the incident.

If anyone else was in the car or witnessed the malfunction (e.g. brake failure or steering loss), their statements can be extremely helpful in backing up your account of events.

Purchase and Recall History

Retain your sales invoice, warranty documents, and any manufacturer recall notices (even if you didn’t act on them). If the vehicle was second-hand, make a note of:

Where and when you bought it
Whether you were informed of any recalls or service bulletins
Whether any safety updates were offered or refused

Even if not all of this information is available, don’t be discouraged. A solicitor experienced in vehicle defect claims can help you track down missing details, request manufacturer information, or commission independent analysis.

Legal Deadlines for Defective Vehicle Claims

Like all personal injury and product liability matters in Ireland, claims involving defective vehicle design are subject to strict legal time limits. If you miss these deadlines, you could lose your right to take legal action—even if your case is otherwise strong.

The primary rule is that you have three years from the date of injury or the date you became aware (or should have become aware) of the defect that caused it. This “date of knowledge” clause allows for cases where the fault wasn’t immediately obvious—such as electrical problems or safety system failures that only emerge after an incident or inspection.

There’s also a ten-year long-stop limit under EU product liability law. This means a claim cannot proceed if more than ten years have passed since the product was first put into circulation—regardless of when the harm occurred. This rule applies even if you only recently bought or used the vehicle. If the vehicle was manufactured and sold more than a decade ago, legal liability may no longer apply under this regime.

That’s why timing is everything in design flaw cases. If you suspect your car or van has a built-in safety issue, or if an accident revealed a fault you hadn’t known about, it’s important to seek legal advice as soon as possible.

Waiting too long can make it harder to:

If you’re unsure when the clock started ticking in your case, a solicitor can help determine your exact position under Irish law.

Frequently Asked Questions

Can I bring a claim if I was driving someone else’s car when it failed?

Yes. You don’t have to own the vehicle to bring a claim. If you were injured or affected because of a design flaw while driving or travelling in a car owned by someone else, you may still be entitled to compensation. The key question is whether the defect caused harm, not who paid for the car.

What if the vehicle passed its last NCT?

The NCT isn’t designed to detect all design flaws—especially those involving internal systems that haven’t failed yet. Many serious issues only become obvious under specific road conditions, or during an accident. A pass certificate doesn’t mean the car was free from underlying defects, so it doesn’t prevent you from bringing a claim.

Can I still bring a claim if the manufacturer issued a recall?

You can still claim. Irish law allows for contributory negligence, meaning your compensation may be reduced proportionally if you were partly responsible—but that won’t prevent you from recovering damages entirely. We’ll help assess your exact circumstances.

What if no one was injured, but the car failed dangerously?

You may still have a claim, particularly if the failure led to property damage, financial loss, or placed you in immediate danger. For example, a steering lock failure on the motorway, even without a crash, may warrant legal action if it was caused by a design flaw. Each case is assessed individually.

Do imported or second-hand vehicles qualify?

Potentially, yes. Design flaws apply to all vehicles, regardless of where they were first sold. However, time limits and liability tracing can be more complex. If the car was brought into Ireland from outside the EU, your solicitor will need to examine the import trail to identify who first put it on the market.

Speak to a Solicitor Who Understands Faulty Vehicle Claims

If a design flaw in your vehicle has led to injury, a serious incident, or made you feel unsafe on the road, contact us. At John O’Leary Solicitors LLP, we’ve spent over 20 years helping people across Tallaght and Dublin get answers and justice in situations just like this. You’ll speak directly with a solicitor who understands what you’re going through and who’ll guide you clearly every step of the way.