Take Advantage of Vehicle Defect Recalls

What Happens if You Fail to Take Advantage of a Vehicle Defect Recall and Then Get Injured?

Over the past few years, millions of vehicles have been recalled for safety defects.  Safety defects can range widely and can include, but are not limited to problems with steering components that cause them to break suddenly as well as problems with accelerator controls that cause them to break or stick.  In recent years, problems associated with defective air bags exploding made national news.

When a recall is initiated, manufacturers must notify, by first-class mail, all registered owners and purchasers of the affected vehicles.  The notice must describe the problem and potential risk to the overall vehicle’s safety.  Additionally, the notice must also inform consumers on how they can get the problem fixed for free by repair, replacement, or refund.  The public-at-large can also view vehicle recalls on the National Highway Traffic Safety Administration (NHTSA) website http://www.safercar.gov

Now what if you do nothing after a vehicle of yours is recalled, and then you get injured in an accident because of the defect?  If you had direct notice of the recall and did nothing, then the responsibility usually falls on you.  On the other hand, if you did nothing in response to a recall because you never received direct notice of the recall, then you may have a viable products liability claim.  A manufacturer typically has to prove that a particular plaintiff directly received notice of the recall and that the notice sufficiently warned of the dangers posed by the defect in order to defeat such a products liability claim.  If you or a loved one has been injured in an accident you believe was caused by a vehicle defect, please contact our office and speak with someone from our legal team today.

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