Auto Product Liability

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

The Chrysler Corporation is recalling about 300,000 minivans over a defect that can cause the airbag to suddenly inflate. This is the second recall in nine months for Chrysler, reports Reuters. The National Highway Traffic Safety Administration (NHTSA) reports that condensation from the air conditioner and heater leak on a sensor module and can render it defective and unintentionally deploy the air bag. An inadvertent airbag deployment can cause injuries when the safety device deploys at 200 miles per hour, especially if a person is sitting too close to the dashboard and is of a small stature.

The Town and Country, Grand Voyager, and Dodge Grand Caravan 2008 models are affected. Dealers will replace the defective air bag module beginning in August. Chrysler can be reached at 1-800-853-1403. Consumers can learn more about the recall by calling the NHTSA Vehicle Safety Hotline at 1-888-327-4236 or by visiting http://www.SaferCar.gov.

Farah & Farah’s auto product liability attorneys in Florida have the experience to handle what can be a complex defective product claim. For our injured clients, we must prove that the defect that caused the injury resulted from a design or manufacturing flaw.

For example, a manufacturing flaw will impact a large number of vehicles, as in this case, but possibly not as many as a design flaw. Each requires its own proof of negligence and the company can be held liable for the injuries that result including but not limited to compensation for medical bills, lost wages and pain and suffering. Farah & Farah will always offer you a complimentary consultation when you believe that a defect in a commercial product caused your injury or a loved one’s death.

Sources: http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=11V394&searchtype=quicksearch&summary=true&refurl=email and http://www.reuters.com/article/2011/08/04/chrysler-recall-idUSN1E77318I20110804

The latest news is not good for automaker Honda. Not only is the company recovering from the tsunami and earthquake in Japan, the 2012 Civic just got a thumbs down review from Consumer Reports. Now some 1.5 million Honda vehicles in the U.S. are being recalled because of an out-of-date automatic transmission. The problem appears when a driver needs to suddenly shift from reverse to neutral and drive which could occur if someone is stuck in mud, for example. In some cases, the parking gear can jam, which would allow the car to roll if it is on a slope, even if it is in the park position, reports WESH-Television. Since much of the internal workings in today’s vehicles are computer based, Honda plans to update the transmission software in the car.

The vehicles involved in the recall are model year 2007 through 2010 Honda CR-Vs, the Element years 2005 through 2008, and the 2004 through 2010 Accords with 4-cylinder engines. Altogether, the recall will affect 2.5 million cars including 760,000 in China and 135,142 in Canada. Fortunately, there are no injuries or deaths associated with this vehicle recall.

A consumer who buys a product expects it to be in working order and deliver on the marketing promises. When this does not happen and the product injures the consumer, that person may be able to recover damages by holding the manufacturer, seller, or designer liable for placing a dangerous product in the marketplace and pursue compensation when they are injured or permanently disabled through no fault of their own.

Sources: http://www.reuters.com/article/2011/08/05/us-honda-recall-idUSTRE77432120110805 and http://www.wesh.com/automotive/28777763/detail.html

Ford Motor Company is recalling about 1.1 million pickup trucks over a defect in the straps that hold up the fuel tank. Ford is recalling fewer than half of the 2.7 million pickups that were under investigation by the National Highway Traffic Safety Administration (NHTSA) because metal straps that hold the fuel tank in place may rust in states that use road salt, allowing the tank to fall on the road. Consumer safety groups object to geographic recalls for obvious reasons – cars can travel to other states – so to be safe, why not recall all of them?

The models being recalled are 1997-2003 Ford F-150 Heritage; 1997-99 F-250 (with gross weight under 8,500 lb.); and 2002-2003 Lincoln Blackwood. Consumers should contact their dealer or Ford at 1-866-436-7332. The safety recall is expected to begin on or about September 12, 2011.

Ford admits it had received report of vehicle fires and eight incidents where sparks or fires erupted, leading to one injury. The NHTSA tells The New York Times it has learned of 243 incidents where the gas tank dragged on the ground and in one case, destroyed the vehicle. The danger comes when the tank drops and it drags behind the vehicle causing sparks and potentially igniting any fuel leaks.

In Florida, a product can be defective in its design, its manufacture or in a failure to inform the public of the potential dangers of any product. In some instances, an auto manufacturer may look at the benefit-risk analysis and decide it is cheaper to deal with product liability lawsuits than to initiate a massive recall. That is unfortunate and not in the public interest. If you or a loved one have been harmed by a recalled car, faulty auto part, or other a defective product, you likely have many questions. Please call the product liability attorneys in Jacksonville at Farah & Farah to start the conversation at no obligation to you.

Sources: http://www.consumeraffairs.com/news04/2011/08/ford-recalling-11-million-trucks-over-gas-tank-issue.html and http://wheels.blogs.nytimes.com/2011/08/02/responding-to-investigation-ford-recalls-1-1-million-picup-trucks-for-fuel-tank-hazard/

Ford Motor Co. is recalling 20,450 trucks and SUVs to fix a defect that can cause the tail lights to malfunction. According to a report in The Wall Street Journal, an electrical switch is faulty in certain 2011 model year Ranger compact pickups, some Excursion SUVs from the 2002 to 2005 model years, and in some Ford F-250, F-350, F-450, and F-550 trucks in the 2002 to 2007 model years.

Ford also plans to replace 6,265 parts in the Ranger trucks from the 2004 through 2011 model years, according to the National Highway Traffic Safety Administration (NHTSA). According to the automaker, certain switches that have multi-functions also include a part, called a slider, that can fail over time. The defective slider could keep turn signals, tails lights, brake lights and hazard warning lights from working properly.

Consumers need to bring their vehicle to the Ford dealership for a free replacement switch beginning August 15. Ford customer service can be contacted at 866-436-7332.

It is important that consumers have their cars serviced because failure of the switch can increase the risk of a crash. If that were to happen and someone was injured or killed, a product liability claim might be filed against the manufacturer, the wholesaler, retail seller, and anyone who assembles or installs the defective product.

An experienced auto product liability attorney in Florida can determine if your injuries resulted from the defective design of a product, a manufacturing defect that occurred when the product was made, or from flaws in the way the product was marketed. It is important to consult an experienced lawyer if you or a loved one were injured by a potentially defective product before any statute of limitations might limit your options for recovery.

Source: http://blogs.wsj.com/drivers-seat/2011/07/20/ford-recalls-more-than-20000-trucks-to-fix-lights/

A class-action lawsuit claims General Motors fixed a defective part on the police versions of the Chevrolet Impala but didn’t fix the same defect on the cars of 400,000 other drivers. The Detroit News reports the lawsuit, filed in Detroit, complains the rear-end problems caused by faulty spindle rods, cause rear tires to be torn into and wear prematurely.

The head of the class, a woman from Pennsylvania, bought a Chevrolet impala in February 2008 but the rear tire wore out within 6,000 miles. Taking the car to the dealer it replaced the tires and aligned the car but failed to disclose the spindle rod issue. Meanwhile GM issued a service bulletin in 2008, but only for the police versions of the Impala. Despite knowing about the premature wear problem, GM did not issue a single recall for consumers of the 2007-2008 Impala, says the complaint.

The 2008 bulletin told dealers to replace the rods and align the rear wheels and if necessary to replace the worn tires. Police agencies could seek reimbursement for replaced rear tires.

A spokeswoman for GM says the law enforcement version of the Impala is different from those sold to consumers because it had a special suspension and electrical system. But a lawyer for consumers says the car is not significantly different.

In the case of a faulty Impala, if the occupant of one of these GM vehicles were to get in a serious crash as a result of a prematurely worn tires and it could be proven that the automaker failed to warn about the defect in these automobiles, a Florida product liability lawsuit could be filed.

In the case of GM, being forced to pay for its negligence may encourage the automaker to call for a recall of the 400,000 automobiles on the road that GM knows are defective.

Sources: http://content.usatoday.com/communities/driveon/post/2011/07/suit-says-gm-copped-out-on-fixing-impala-defect/1 and http://detnews.com/article/20110705/AUTO01/107050361/Impala-owners-sue-GM-over-alleged-defect-causing-tires-to-wear-out

The Wall Street Journal revisits the stories of millions of people who brought injury and wrongful death claims against General Motors and Chrysler but had their product liability claims nullified when the federal government gave Chrysler a $12.5 billion handout and GM a $50 billion bailout to stay alive.

One woman died in her 1998 Dodge Caravan when the airbag failed to deploy in a head-on crash. Her survivors were on the eve of collecting $2.2 million in damages, but the surviving son never saw a dime. Under restructuring, the company was allowed to wipe the slate clean. Her survivors and everyone else who won damages because of defects that led to death and injury had their claims discarded when GM and Chrysler’s assets were sold to companies owned by Fiat SpA and the U.S. government. No money was set aside for the hundreds of product liability claims even though those victims were the very individuals whose tax dollars helped bail out the giant automakers.

The U.S. bankruptcy code reasons that no creditors would fare any better if the companies had gone bankrupt. However, should bankruptcy code override the responsibility the automakers had to those injured who had filed product liability lawsuits? The article is worth reading and shocking to say the least. An injured victim should not suffer twice.

As a concession and under pressure, GM and Chrysler have agreed to accept the losses that occurred from accidents that occurred after the sale of the companies. Those who had won a case or had a case pending before the bankruptcies may receive some money, pennies on the dollar. In total more than 2,500 claims and $3.3 billion dollars in damages were filed mostly through product liability lawsuits.

If you or a loved one suspect that an automobile or an auto component failed to protect you in a crash and suffered serious injuries as a result, the experienced Jacksonville auto product liability lawyers at Farah & Farah can help you understand your legal options. Call our law offices today to schedule a complimentary consultation to discuss your case.

Source: http://online.wsj.com/article/SB10001424052748704889404576277200705491950.html

After many unexplained dangerous and defective runaway Toyotas, some of which ended in death and injury, the automaker created its own seven-member panel to take two years to investigate what led to the recall of more than 14 million Toyotas since 2009. On Monday, May 23, The New York Times reported the first of the panel’s conclusions. Among them:

• Toyota dismissed customer complaints and did not deal well with safety problem reports.
• Toyota did not have an executive to oversee North American operations. Instead sales, engineering and manufacturing had to report to the home office in Japan.
• Toyota was slow to identify the defective floor mat and defective accelerator pedal problem. Instead it took complaints defensively and skeptically.
• Toyota adopted an adversarial relationship with U.S. safety regulators who eventually fined the company nearly $50 million for sitting on information and failing to launch a recall.
• Toyota failed to have one department or executive in charge of safety, instead, it lumped the issue in with “quality” standards.

None of the conclusions dealt with the issue of sudden acceleration. Toyota has blamed defective floor mats and a pedal that needed a retrofit. But the National Highway Traffic Safety Administration (NHTSA) has looked into an electronic problem plaguing Toyotas from the Prius to the Lexus. So far the federal agency has not found evidence to pinpoint the problem.

By the way, the panel is being paid by Toyota, but the government and private industry executives who make up the panel won’t say how much. One executive from Lockheed Martin minimized the threat of runaway cars saying any car made by humans is not going to be perfect. There are more than 200 lawsuits pending in a class action in California after Toyota customers have been killed and injured. Toyota cases are being pursued with several arguments. Not only do they fall under consumer fraud statutes in California, but they also can be considered a defective product, falling under product liability law.

The Florida auto product liability attorneys at Farah & Farah will help you understand how to hold the responsible party liable for your losses if you have suffered an injury due to a recalled vehicle or other defective product.

According to an article in U.S. News, the Ford crossover SUV Freestyle has been reported to lunge forward unexpectedly and federal regulators are investigating these claims. Unintended acceleration is a problem that has been attributed to Toyota, but unintended lunging is linked to the Ford Freestyle, according to the National Highway Traffic Safety Administration (NHTSA). Posted on SaferCar.gov, the federal agency has received 238 reports of Ford Freestyle vehicles that suddenly move forward when the driver is not intentionally accelerating. The NHTSA reports there have been a couple of minor injuries, including a pedestrian who was hit in a residential driveway and the defect may be linked to 18 crashes. The vehicle can lunge up to 10 feet but stops when the driver applies the break. Model years 2005 to 2007 are in question with about 170,000 vehicles affected. Ford stopped making the Freestyle in 2007. An investigation by the NHTSA is generally the first step to an eventual recall.

Florida Product Liability Law
If you have been injured by a defective product, you may be able to file a product liability lawsuit against the manufacturer, the designer, or the distributor of the dangerous and defective product. You will have to be able to prove the product was defective and/or dangerous and that it caused your injury. The manufacturer, designer, or distributor may be held liable for putting into commerce this dangerous product. Additionally, the marketer can also be held responsible if there was insufficient labeling that failed to warn of potential problems.

The laws surrounding product liability are complex but the Jacksonville auto product liability lawyers at the Farah & Farah law firm have the knowledge, skills, and experienced that is needed to hold a negligent manufacturer responsible for your injuries and related expenses. Call our law offices for a free consultation today.