What Drivers Need to Know About Major Recalls and Product Liability
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What Drivers Need to Know about Major Vehicle Recalls
and Product Liability
In the first four months of 2014, we have seen several massive recalls by several of the leading automotive manufacturers, including General Motors (GM) and Toyota, among others. Currently, the list of recalled vehicle makes and models, as well as the problems that are being addressed in each recall, is too long to publish here.
Our firm is dedicated to helping people, particularly if they have been injured or someone they care about was killed in a motor vehicle crash. In order to help you find out if your vehicle may have been affected by a recall, please see the list below, which includes links to manufacturers' websites where you can get more information.
Product Liability: Who Might Have a Case?
People who can prove that a defect for which a vehicle is being recalled resulted in an injury or death may have a case. At times, a Product Liability case can be brought against a company if it can be proven that a defect in the design of a product or the way it was made causes the product to be unsafe for people to use. There are four key factors that must be met for a successful product liability case:
#1 The product was sold by the maker as part of their business.
In this case, the product could be any of the recalled vehicles listed above. In order to bring a successful product liability case, it would first have to be proven that the manufacturer sold the vehicle as a part of their business. Generally, this is the least difficult aspect to prove in a product liability case.
#2 The product was sold with a defect that made it unreasonably dangerous to use it in the way that it was designed to be used.
In order to be successful in a product liability case, evidence would have to be provided to show that the manufacturers sold the vehicles in the defective condition, and that this defect made the vehicles unreasonably dangerous when used in the manner they were designed for. In other words, just driving the recalled vehicle in a normal manner could still result in the vehicle failing partially or totally, potentially putting occupants in danger of injury or death.
#3 The product with the defect was used in the way it was designed to be used.
Here, it would need to be shown that a driver hurt or killed in a crash that directly resulted from this defect was using the vehicle in the way it is meant to be used. In other words, the injured or killed party was driving or riding in the vehicle in a normal and every day manner when the vehicle failed or the crash occurred.
#4 The damage or injury was a direct result of the defect in the product.
This is the most challenging aspect of a product liability case. Here, it would need to be proven that the injury or death of the vehicle’s driver or passengers, or occupants of another vehicle, or bystanders, was a direct result of the specific issue for which the vehicle is being recalled. It is likely that a defense attorney would try to latch on to any other piece of evidence presented in the case, to argue that they may also have contributed to the crash, like speed or alcohol for example.
Think You Have a Case? Call Me Today.
1-800-708-5433
If you were injured, or someone you care about was seriously injured or killed in a crash, and you think that a defective vehicle caused the crash, injury, or death, call me today to discuss your case. The sooner you call, the sooner we can start securing evidence and helping you prove your product liability case.
Your case evaluation is free, and we don’t get paid unless you do. We care about your case and want to help you.
Nationwide Coverage
If our office doesn’t handle your case personally, we can refer you to a proven law firm in the city and state that the crash, injury, or death occurred. We have carefully researched and vetted all of the lawyers to whom we refer cases, so you can rest assured that the lawyer we recommend will have a proven track record and excellent reputation. The lawyers in our affiliate network are known and respected by judges and defense attorneys, and feared by insurance companies. They all share our no-win, no-fee promise as well.
Call us: we care about your case and we’re ready to help you.
1-800-708-5433
Has Your Vehicle Been Recalled?
Click any of the links below for more information about recalls issued by the manufacturer.
Volkswagen / Audi / Porsche: Diesel Emissions Recall
General Motors (GM): Ignition Recall
General Motors (GM): Power Steering Recall
Toyota: All Current Recalls
The National Highway Traffic Safety Administration (NHTSA) also provides up-to-date recall information on their website. Click here to view their recall listings.
