In the past few years, automakers have continuously been in the news, issuing recalls on numerous cars due to defective parts. In the beginning of 2016 alone, Subaru has recalled the 2016 and 2017 Outback and Legacy models for a potentially deadly steering system defect in which the steering wheel loses control of directing the vehicle’s wheels, while Fiat Chrysler recalled 2016 Jeep Cherokees for an electrical problem that may result in transmission malfunction. Additionally, Ford has recalled over 200,000 of their vehicles with automatic transmissions for a possible defect causing the cars to suddenly shift into first gear.
While all of these recalls are alarming, nothing has been as detrimental as the Takata airbag recall over the past 3 years. Honda, the automaker most affected by the airbag recall, just announced the addition of another 21 million vehicles worldwide to their recall list for the defective airbags. Nearly every car brand was effected by the airbag scandal. In the United States alone, automobile manufacturers had recalls in the millions: Toyota had roughly 3.1 million vehicles recalled, Nissan with almost 1.1 million recalls, Dodge Ram has recalled 5.6 million, and BMW also had to recall 1.6 million cars.
If you think your vehicle has a safety defect, is it important that you report to the National Highway Traffic Safety Administration for further investigation. If a recall is initiated, consumers are still entitled to pursue legal remedies for any injuries suffered, in addition to the replacement by the automobile manufacturer.
Many of the lawsuits stemming from the Takata airbag recall are based in product liability claims due to the airbag’s defective inflator that has been loaded with explosive propellant wafers. Product liability is a type of tort claim in which any party involved in the delivery of the product to the consumer, from production to sale, can be held liable. This means that the manufacturer, assembling company, wholesaler, or retailer may be held responsible for the damaging product, depending on where in the chain of distribution the problem existed. Product liability claims are based on negligence, strict liability or breach of warranty of fitness. Once the claim is established, the injured party must prove the product is defective, by showing the product had either a design defect, manufacturing defect, or was defective in its marketing, i.e. the product contained inadequate warnings. Product liability claims can become very complicated, thus, seeking the assistance of counsel may be beneficial.
If you have suffered injury due to a defective airbag or defective car part, please contact us at 419-241-5500 or email us, using our website. The attorneys at Lafferty, Gallagher & Scott can provide you with a consultation on your case and help fight for your right to recover due compensation.
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