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Aftermarket Parts and Their Consequences in Litigation

BY Brett A. Emison
January 27, 2011

According to the Automotive Aftermarket Industry Association, aftermarket products represent a $257 billion market in the United States. The automotive aftermarket is the segment of that industry that focuses on the manufacturing, remanufacturing, distribution, retailing, and installation of all vehicle parts, tools, equipment and accessories for vehicles, after the sale of the automobile by the original equipment manufacturer to the consumer.

As published in the Motor Vehicle Industry Overview Series by the Internal Revenue Service, aftermarket products comprise a large part of the automotive industry. (available at www.irs.gov/businesses/article/0,,id=175582,00.html) Whether an aftermarket alteration is made by a dealer, a fleet owner or automobile lessor who then sells or leases an altered vehicle ' all these individuals can be held responsible for defects in the modification.

This article addresses the potential areas of liability for a lessor of automobiles in cases where an aftermarket alteration has been made, particularly if that lessor is the party who executed or authorized the change. Those who make modifications to vehicles or design and sell aftermarket parts are really manufacturers or, at a minimum, co-manufacturers with the original product manufacturer, and thus may be liable in cases of product defect.

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