Auto Product Liability

A defective product recall has been issued for about 3,150 new General Motors Chevrolet Captiva automobiles. According to the U.S. Department of Transportation (DOT), there is a problem with the power assist/power steering fluid. Vehicles made from October 2, 2009 to April 21, 2011 are affected by the problem, described by the recall notice as a high running pump speed in first gear which generates additional and excess heat transferrable to the power steering fluid. Prolonged exposure to the higher temperatures can cause power steering fluid to leak which has the potential to ignite a fire. Beginning in January, General Motors will begin notifying owners and automobile dealers of the problem and customers will be able to bring the vehicle in to have the necessary repairs performed. The number for Chevrolet is 1(800) 630-2438. To learn more, the hot line number for the National Highway Traffic Safety Administration (NHTSA) at 1(888) 327-4236.

When a vehicle does not comply with the Federal Motor Vehicle Safety Standards, or there is a defect relating to those standards (such as with seat belts, brakes, tires, or a steering wheel), the car must be recalled. Since 1966, there have been almost 300 million vehicles of all kinds on the road recalled because of safety defects.

A vehicle can become defective during the manufacturing process or because of an overall design flaw. If that defect leads to injuries or death, the auto product liability lawyers in Jacksonville of Farah & Farah will offer you a complimentary consultation to discuss your product liability action against the manufacturer, the designer, or possibly everyone in the line of distribution. Our number is 1(800) 533-3555.

Source: http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=11V591&searchtype=quicksearch&summary=true&refurl=email

Wheels falling off of a vehicle could be considered a product defect, and Detroit is recalling about 128,616 Ford Fusions and Mercury Milans because of that very problem. The model years impacted by the recall are the 2010 and 2011 cars with 17-inch wheels. They were built from April 1 through the 30th of 2009 and from December 1, 2009 through Nov 13, 2010. The recall has been launched by both Ford and the U.S. National Highway Traffic Safety Administration (NHTSA), according to Consumer Reports.

So far Ford says there have been no crashes due to defective wheels that the company is aware of. Consumers should note whether their cars from the 2010 and 2011 model years have a vibration in the wheel; this maybe the sound of the bolts holding the wheels onto the car that can fracture. Ignoring the vibration may mean the wheel separates from the car.

Consumers should bring their vehicles into the dealer beginning January 24 to have the lug nuts replaced on all four wheels. The dealer should also check the surface of the rear disc brakes for free to see if they have been damaged by the faulty bolts.

The number for Ford Customer Relations is 1(888) 436-7332.

Product Liability

Many times an automobile defect may not be obvious until you are involved in an auto accident. Imagine an impact where the tires fell off of your car? The manufacturer, designer, or distributor may have knowledge of this defect, but they are not always forthcoming where the public is involved. An experienced Florida auto product liability lawyer can determine if the product defect concerns the manufacture of the vehicle, its design, or a failure to provide reasonable or adequate warnings about the vehicle.

Depending on the injuries involved and the outcome of our investigation, the manufacturer, designer, or distributor may be held liable for their negligence in bringing a defective product to the market. Call Farah & Farah for a complimentary assessment of your defective product case at 1(800) 533-3555.

Source: http://www.actionnewsjax.com/content/topstories/story/Ford-to-recall-Fusion-Milan-sedans-to-fix-wheels/B4XOA2pxAEe120I-oTuj4A.cspx?rss=1;http://www.safercar.gov/;http://news.consumerreports.org/safety/2011/12/recall-2010-2011-ford-fusion-and-mercury-milan-for-bad-wheel-studs.html

General Motors (GM) says it is close to recommending a modification to the battery pack on the Chevy Volt that can trigger a fire after a crash. Consumer Affairs reports that the circuitry in the 400-pound lithium-ion battery would be laminated and the case would be reinforced. With about 6,000 of the electric cars on the road today, all of them will have to be recalled unless changes can be made immediately to the vehicles already manufactured.

Reuters reports on a publicly-disclosed memo in which the National Highway Traffic Safety Administration (NHTSA) asked GM if there had been any changes at weld points near the battery pack that might explain the fires.

The problem stems from federal crash tests conducted on five Volts the government owns. The battery pack burst into flames following a test collision last May. General Motors indicates part of the problem may be that the Volt was not properly powered down after the federal tests in order to avoid a fire.

Meanwhile, the Insurance Institute for Highway Safety (IIHS) ranks the Volt with a five star safety rating. Gas-powered cars are still considered more flammable than electric cars after a crash.

The Jacksonville auto defect lawyers with Farah & Farah understand that consumers who want to turn in their Volt while they wait for the company to determine the final retrofit have been offered a replacement car. So far, about 33 consumers have taken GM up on the offer out of 5,000 Volt owners.

Consumer Reports notes that the Volt still shows up tops in consumer satisfaction.

Source: http://www.consumeraffairs.com/news04/2011/12/gm-nears-a-fix-for-chevy-volts-battery-pack.html; http://www.reuters.com/article/2011/12/08/us-gm-volt-idUSTRE7B605K20111208; http://www.reuters.com/article/2011/12/08/us-gm-volt-idUSTRE7B605K20111208

USA Today reports that Honda has launched another recall of 304,000 vehicles over faulty airbags blamed in 18 injuries and two deaths. The problem with the air bags is that they can inflate in a crash with too much pressure, causing injury to a vehicle’s occupant. In addition, when an air bag inflates, if there is too much force, small pieces of debris (such as plastic and metal) can also be propelled. This is the fifth recall for Honda over the defective air bag situation since just 2008.

The cars in question are the 2—1 through 2003 Honda and Acura vehicles, including certain Accord, Civic, Odyssey, CR-V, Pilot, Acura 3.2 TL and Acura 3.2 CL vehicles, reports the newspaper. There should be about 273,000 cars involved in the recall in the U.S.

There is also a potential for problems in another 603,000 automobiles if they too received a defective air bag replacement part. Those vehicles must be scheduled for an inspection as well.

Product Liability Action

A product liability recall generally occurs after there have been deaths and/or injuries. In this case, Honda has determined the defect may be in the material used to deploy air bags. Honda has determined there is excessive moisture in the propellant that fuels the inflator. That would likely qualify as a defect in the design of the vehicle. However, the automaker says it has taken care of the vehicles affected and it does not predict any more recalls of faulty airbags will be necessary.

Another necessary component of a defective product action is that the product caused an injury or death. In this case, the manufacturer, designer, importer, or distributor could all be named in a defective product action. Farah & Farah’s team of Florida auto product liability attorneys understand how to investigate these claims and products to bring you a satisfactory resolution. Call us at 1(800) 533-3555.

Source: http://www.fairwarning.org/2011/12/hondas-air-bag-problems-inflate-prompting-more-recalls/; http://www.usatoday.com/money/autos/story/2011-12-02/honda-recall/51579826/1

The General Motors (GM)-made car, the Chevy Volt, was launched in June 2008 with the intention of surpassing sales of the Toyota Prius as an energy efficient vehicle. Now, there is a problem. An investigation is underway by the National Highway Traffic Safety Administration (NHTSA) into fires that have occurred in lithium-ion batteries following crash tests. The San Francisco Chronicle reports GM is hurrying up the defective auto part investigation so as not to taint the promises of the Volt.

Electric cars are increasingly predicted to be the answer for lessening our dependence on the gasoline-powered engine. The Volt travels about 40 miles on its battery before the gas engine kicks in, which then powers the battery. Combine the gasoline and electric power sources and the Volt can travel about 379 miles and get about 60 miles per gallon.

However, the dangers of the lithium-ion battery have the potential to eclipse all gas-guzzling concerns since the battery is commonly used in all electric cars. Volt fires have erupted after three lab tests and none have occurred on the road.
The NHTSA and GM will try and determine if there was something specific to the lab crash tests that may have led to the defective battery.

Defective Product

A manufacturer is required to sell safe and effective products and can be named in a product liability action along with the distributor, the designer, and/or the marketer if a product harms a consumer. If you suspect that your injury resulted from a defective product, Farah & Farah’s product liability attorneys in Florida would like to speak with you in a complimentary consultation. Call us at (800) 533-3555.

Source: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/11/29/bloomberg_articlesLVFVPJ6S9728.DTL

Toyota is recalling about 420,000 cars because of a potential problem with defective power steering that can lead to a loss of control of the vehicle. In a news release, Toyota said it plans to replace a crankshaft pulley in about 283,000 Toyotas and 137,000 Lexus models. The problem is that in certain V-6 engines, the adhesive between the outer and inner rings may be inadequate. This can cause the outer ring of the crankshaft pulley to misalign with the inner ring. The V-6 engines identified with the problem are the 1MZ-FE or MZ-FE V6 engines.

Vehicles involved include: the 2006 Highlander HV; 2004 and 2005 Camry, Highlander, Sienna and Solara; 2004 Avalon; 2004-2005 ES330 and RX330; and the 2006 RX400h.

Toyota owners should go to a dealership and have the crankshaft pulley inspected. With the latest problems, consumers can contact Toyota at (800) 331-4331 or visit http://www.toyota.com/recall.

Defective Product Recalls

Toyota described the recall as voluntary, but once a manufacturer knows of a safety problem, under law it is required to report the defect to the National Highway Traffic Safety Administration (NHTSA) within five days or face civil penalties.

Toyota paid the largest civil penalty on record, $16.4 million, for not reporting a problem with sticking gas pedals in a timely manner. When the NHTSA finds a flaw, whether in the design, the manufacturing, or in a failure to warn the public, the automaker must recall the vehicle or face legal action.

The Los Angeles Times reports that since September 2009, Toyota has recalled more than 13 million vehicles. Hundreds of lawsuits have still not been heard concerning the unintended acceleration of various Toyota models that led to injuries and deaths. If you have been injured by a product due to the negligence of the manufacturer of the item, the Florida product liability lawyers of Farah & Farah can help. Call (800) 670-1464 for a free consultation.

Source:http://wheels.blogs.nytimes.com/2011/11/09/toyota-recalls-420000-models-for-possible-steering-flaw/; http://articles.latimes.com/2011/nov/10/business/la-fi-autos-toyota-recall-20111110

Automakers can’t catch a break. On one hand, they like to brag about all of the neat electronic gadgets that allow drivers to issue voice commands to make calls, view a message screen, or listen to text messages. On the other hand, all of these activities are distracting you while you are supposed to be involved in the serious business of driving.

Ford is one of the worst offenders with its new Sync Communications System, so it makes sense that the Ford Motor Company on Thursday, October 27, announced it will make new safety features available in the 2013 Ford Explorer.

According to the Detroit Free Press, a “Do Not Disturb” feature will block calls coming into the car’s hands-free system. Also, parents will be able to cap the speed their children drive at 65 mph. No seat belt on? The driver will not be able to access the audio system. If a driver is drifting outside of his or her lane, the 2013 Ford Explorer will send a vibration through the steering wheel to wake up the driver.

Consumer Reports noted that all of this good news for parents was issued during Teen Safe Driving Week.

Distracted Driving

Approximately 20 percent of auto accidents in 2009 involved some form of distracted driving, which can include not only cell phone use, but changing a radio station, reaching for something in the back seat, texting, even arguing with someone in the car. The age group with the greatest number of distracted drivers falls under the age of 20.

The Florida personal injury attorneys of Farah & Farah reminds parents that auto accidents continue to be the leading cause of death for young people, so Ford should be applauded for reacting to the criticism and making their new vehicles even safer. However, if the new Explorer safety features do not work or are not installed properly, it may become a safety hazard for drivers and the manufacturer may be held liable. The auto product liability attorneys in Florida of Farah & Farah can help if you have been injured due to a device or auto part that is defective on a car. Please call (800) 533-3555 for a free consultation.

Source: http://www.distraction.gov/stats-and-facts/; http://www.fairwarning.org/2011/10/hit-by-criticism-ford-to-add-electronic-safety-features-for-explorer-models/http://news.consumerreports.org/cars/2011/10/out-of-sync-ford-broadens-in-car-access-to-texting.html

The New York Times reports that the National Highway Traffic Safety Administration (NHTSA) is investigating headlights on 622,000 Chrysler and Dodge minivans from the 2005 model year. The year-long investigation has now turned into an engineering analysis, which is typically done prior to a recall. According to the NHTSA, it has received 146 complaints while Chrysler has received 1,400 complaints and had to repair about 14,000 vehicles under warranty. According to the Times, consumers can toggle the headlight switch which may restore the function of the headlights and high beams.

Driver Crashes from Defective Headlights
Chrysler told the NHTSA it is aware of two crashes that resulted from a failed headlight. In one instance, the minivan hit a deer. In the other case, the minivan drove into a ditch and the driver was injured. This is very similar to a 2005 investigation by the NHTSA on approximately 813,000 Chrysler and Dodge minivans model year 2001 to 2002 which never identified a safety-related defect in the vehicles. Chrysler later told the NHTSA in a letter that it tweaked key lighting components in the late 2002 models which seemed to improve slightly the reliability.

Product Liability Lawsuits
Product liability lawsuits are filed over defective products that cause injuries. There must be an injury for a plaintiff to file an action to try and show that a product is defective in its design, its manufacture and/or defective in its warning.

Manufacturers who make their living selling products have an obligation to the public to make sure what they are distributing will not harm the public. When they fail in that regard, they should be held accountable. Farah & Farah’s car defect attorneys in Florida will always offer a complimentary consultation on your product liability injury case. Call us at 1-800-533-3555.

Source: http://wheels.blogs.nytimes.com/2011/09/13/n-h-t-s-a-intensifies-investigation-of-headlight-failures-on-chrysler-minivans/

Subaru is recalling about 70,000 Outback and Legacy 2011 model vehicles for an ongoing problem with the moon roof. There is a danger that the moon roof might become detached and fly off. This is the third recall announced by Subaru in September. The latest covered a half million vehicles in which the automaker announced to the National Highway Traffic Safety Administration (NHTSA) that there was not enough glue applied to the glass portion of the moon roof. The defect became apparent when one owner reported that the glass on his moon roof flew off of the vehicle. The earlier recall was for the Subaru vehicles assembled from August 3, 2010 to July 1, 2011.

This article in the New York Times does not say whether or not the auto defect has caused any injuries.

Another earlier recall was in the 2010-2011 model Legacy and Outback because of a defective wiper motor that had the potential to overheat and catch fire. That recall involved 195,000 vehicles.

Product Liability Law
If someone is injured by a product that is defective in some way, even if that manufacturer conducted a recall, the consumer has the right to sue the manufacturer for damages. Depending on the circumstances, they may also hold the distributor responsible as well as the wholesaler and retailer. If the car is sold by a used car dealer, they too can be held liable in a defective products case.

Fortunately, there was no one who reported an injury associated with these vehicles. Farah & Farah advises clients that what may appear to be a simple automobile accident can actually be the result of some defective component of the automobile. That is why it’s always a good idea to have an experienced Florida personal injury law firm on your side to consider every angle of your auto accident.

Source: http://wheels.blogs.nytimes.com/2011/09/16/subaru-recalls-70000-outbacks-and-legacys-for-loose-moon-roof-glass/

Volkswagen of America Inc. is recalling about 30,294 Jetta sedans because of the potential to burn the legs of anyone standing near the decorative exhaust-pipe. The 2011 to 2012 model years are included in the recall and the stainless steel exhaust tips were added when the vehicles were imported. Anyone standing nearby the vehicle can burn their legs because the part extends beyond the original factory-installed exhaust pipe. Volkswagen of America has told the National Highway Traffic Safety Administration (NHTSA) that it has received a number of complaints from people who have been burned running into a tailpipe of a car that has been left running.

The NHTSA investigation began in August after those complaints came in, reports the Wall Street Journal.

Consumers should bring their Volkswagen Jetta into the dealership so the stainless steel exhaust pipe tips can be replaced at no charge. The official recall will begin in November. Last month about 70,000 Jettas were recalled over questions about fuel leaks in some diesel-powered Jettas. The number for Volkswagen is 1-800-822-8987.

Product Liability Lawyers
Under Florida law, a product can be considered defective if it has been manufactured with defects or flaws, or if the basic design of the product is defective to the extent that it does not function or injures users. A product liability action can also be filed if a manufacturer fails to warn the public completely about a product in a label and instructions.

If you or a loved one have been injured by a defective product, do not expect the manufacturer to compensate you fully for your medical bills and lost wages. Often it takes a law firm that understands the complexities of product liability law to see that you are compensated fully for your injuries. The Jacksonville auto product liability attorneys at Farah & Farah is just a phone call away at 1-800-533-3555.

Source: http://blogs.wsj.com/drivers-seat/2011/09/13/volkswagen-recalls-jettas-for-exhaust-pipes-that-could-cause-burns/?mod=google_news_blog