Articles Posted in Product Liability

General Motors recalled 1.5 million vehicles this week as part of an effort to assure consumers that the company is moving more quickly to correct safety defects in its vehicles. CEO Mary Barra said in a video message to employees posted on Monday that the new recall occurred because there was a push to review potential safety problems and fix them faster. The fallout from the recall last month of more than 1.6 million small automobiles for faulty engine switches undoubtedly played a role in this most recent recall. The defective engine switches have been tied to twelve deaths, and GM is facing numerous investigations into its handling of the recall.

GM first began its investigations into the engine switches in 2004. Barra reported that “something went wrong with our process in this instance, and terrible things happened.” GM is undergoing an “intense review” of its recall process, and that system will be altered. During the course of the investigations, GM intends to fully cooperate with government investigators. The company expects to spend around $300 million in the first quarter to fix the vehicles affected by the new recalls as well as the vehicles covered by the small car recall. Editorial director for Kelley Blue Book, Jack Nerad, stated it is better for GM to address the new calls now rather than waiting until the investigations into the engine switches are completed.

The recalls announced Monday include 1.18 million SUVs due to air bag and seat belt pretensioner defects, 303,000 Chevrolet Express and GMC Savana vans due to an instrument panel issue, and 63,900 Cadillac XTS sedans due to a defect in a plug in the brake assembly. Numerous complaints have been made to the National Highway Traffic Safety Administration concerning the vehicles subject to the recall, including injuries sustained when air bags did not deploy after a 2012 Buick Enclave traveling 45 mph was hit in the side. Drivers who file complaints with the NHTSA do not necessarily report the incidents to the car companies. Important to note in regard to the complaints and the overall recall is that air bags may not deploy in low-speed crashes or if they detect a small person seated too close to the air bag.

Another GM recall: 1.18M SUVs for air bag issue www.palmbeachpost.com March 17, 2014

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A faulty ignition switch has led General Motors to recall nearly 780,000 older-model compact cars in North America. The switch can shut off the engine without warning and cause dangerous accidents. According to GM, six people have died in twenty-two crashes tied to the ignition switch problem in Chevrolet Cobalts from the 2005-2007 model years and Pontiac G5s from the 2007 model year. The U.S. National Highway Traffic Safety Administration released statements and documents yesterday that revealed that a heavy key ring or jarring from rough roads can push the ignition switch out of the run position and cut off the engine and electrical power. If that occurs, the front air bags may not deploy if there is a crash.

The six fatalities reported as a result of the ignition switch defect occurred in five front-end collisions, all of which took place off-road and at high speeds. In each instance, the engine and electrical power stopped turned off when the ignition switch moved out of the run position. Spokesman Alan Adler stated that when the engine and electrical power stop while someone is driving, power-steering assist and power-assisted brakes also stop working. Alcohol was involved in three of the deaths, and in some of the crashes the occupants of the cars were not wearing seat belts.

GM dealers will replace the ignition switch at no cost, but the timing of the recall has not yet been determined. Until the defect is corrected, GM is urging owners of effected cars to remove nonessential items from key rings. One owner of a 2006 Chevrolet Cobalt complained to the NHTSA last July that the engine in his vehicle turned off on several occasions. Karl Brauer, senior analyst at Kelley Blue Book, stated that GM has improved the quality of its vehicles in the years since the recalled cars were manufactured; however, he went on to say that “this is another example of how potential engineering flaws from the past can come back to bit an automaker.” Adler stated that the ignition switch defect was discovered when the company received reports of crashes where the air bags did not inflate. According to the documents filed with the NHTSA, GM knew of this issue as early as May 2013.

GM recalling nearly 780,000 older compact cars www.palmbeachpost.com February 13, 2014

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Toyota Motor Corp. has instructed North American automobile dealers to cease selling six popular models that come equipped with heated seats because the fabric is not in compliance with U.S. safety codes and could potentially result in fire. Toyota spokesman John Hanson says the order affects 36,000 cars, trucks, and minivans, which is approximately thirteen percent of the inventory on dealer lots located in the U.S. Additional vehicles in Mexico, Canada, Israel, Korea, and other countries will be affected; however, the total number of affected vehicles in these countries has not yet been determined.

Hanson stated that no fires or injuries have been reported to Toyota, but Toyota is forbidden from selling vehicles that do not comply with U.S. safety codes. Dealers must refrain from selling the following 2013 and 2014 model year vehicles that come equipped with heated seats: Avalon, Tacoma, Sienna, and Camry, which is the top-selling automobile in the U.S., with more than 408,000 sold last year. Additionally, dealers cannot sell 2014 model year Corollas and Tundras that have the heated seats. All of the affected vehicles were manufactured in U.S. factories. Some of the vehicles were transported to South Korea, which is where the individual fabrics that make up the heated seat were tested and the problem was discovered. U.S. safety codes require fabrics resist fire at a certain rate; one of the fabrics located beneath the seat covers did not meet that standard. It is unclear how long repairs will take, but replacement material is being produced and installed at Toyota factories. Car dealers will be able to use the replacement material to repair the cars already located on their lots.

Toyota asserts that a recall is not necessary for vehicles with the heated seats that are already on the road because there have been no reports of fires or injuries. The company is in talks with the U.S. National Highway Traffic Safety Administration about declaring the problem “inconsequential” to vehicle safety. The NHTSA is currently monitoring the risk posed by the heated seats and will receive public comment on Toyota’s petition. If the NHTSA grants the petition, there will be no recall of vehicles already on the road. The owner of a North Palm Beach dealership that sells Avalon full-size cars states that he can only sell a few of the thirty Avalon cars he has because the majority already have the heated leather seats. Other models, like the Camry for instance, are not as affected by this issue because they are typically sold with unheated cloth seats. The issue has seemingly arisen at the worst possible time, considering that most of the country has been dealing with record-setting low temperatures.

Toyota tells dealers to stop selling 6 models www.palmbeachpost.com January 30, 2013

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Ford Motor Co. has issued a recall in the U.S. for nearly 28,000 Edge crossover vehicles due to a possibility of the damper in the fuel line cracking and causing fuel leaks. The recall involves the 2012 and 2013 models of the Ford Edge with 2.0-liter engines. All of the vehicles subject to the recall were manufactured between September 2010 and April 2013.

According to Ford, an improper production process could cause cracks in the damper, which in turn could result in fuel odor or leakage. When fuel leaks, the vehicle can catch on fire. Ford became aware of the issue with the Edge vehicles through warranty claims. Ford has not received any reports of fires or injuries related to cracks in the fuel line. Owners of affected vehicles will be notified next month and Ford dealers will make the necessary repairs at no charge to owners.

Ford recalls 27,933 Edge crossovers, www.palmbeachpost.com January 15, 2013

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Union Carbide Corporation, the defendant in an asbestos case, has just a few weeks to file a motion requesting the Mississippi Supreme Court review an unfavorable ruling in its case. On December 12, the Mississippi Supreme Court overruled a trial judge’s decision to throw out a $3.85 million judgment in favor of the plaintiffs, the family of Larry Smith. Smith died in 2002 of lung cancer. In the lawsuit, Smith’s wife argued that her husband was exposed to asbestos that was in drilling additives made by Union Carbide.

The Smith County trial judge stated that the plaintiffs did not prove Smith had been exposed to a particular product on a regular basis in proximity to his work. In a 4-3 vote, the Mississippi Supreme Court overturned the trial judge’s decision and sent the case back down to Smith County. Union Carbide announced that it wants to file reply briefs with the Mississippi Supreme Court.

Smith was allegedly exposed to asbestos while he worked on petroleum drilling rigs from the 1960s until the early 1990s. During that time, it was customary to use chemical drilling additives comprised of asbestos. Smith died three months after he was diagnosed with lung cancer in 2002. Court records revealed that Smith was also a heavy smoker. The family filed a lawsuit against Union Carbide in March 2006. After a three-week trial in May 2009, a Smith County jury returned a verdict in favor of the plaintiffs and awarded $3.85 million. Less than a year later, the trial judge discarded the verdict.

Union Carbide faces deadline to file for rehearing, www.palmbeachpost.com December 30, 2013

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Honda Motor Co. topped the insurance industry’s list of safest new cars this year. Earlier this month, the Insurance Institute for Highway Safety awarded thirty-nine vehicles top safety ratings for the coming year. The number is down quite a bit from last year’s one-hundred-thirty vehicles that received top ratings. This drastic decrease is likely due to an increase in the standards that vehicles must reach to attain top safety ratings.

This year was the first time that cars needed to get top crash test scores and a good front crash prevention system rating to top the IIHS’s list. The IIHS rates a front crash prevention system as good for having things such as automatic braking or warning systems. Cars are now given a status of “Top Safety Pick” or “Top Safety Pick +,” if the front crash protection criteria is also met.

Honda had eight of its vehicles make the top safety list, including the Honda Civic hybrid, Honda Civic two-door, and Honda Accord. Acura, which is owned by Honda, had three cars make the list as well–Acura RLX, Acura MDX, and Acura TL. Many shoppers use the list in their pursuit to find a safe vehicle and automakers use the list in their marketing and advertising strategies. The IIHS’s rankings have led many automakers in recent years to develop safer vehicles. Auto manufacturers are now working hard to ensure the front-end of their vehicles are safe enough to pass the IIHS’s offset test, which looks at how well a vehicle protects occupants when the crash covers only part of the front end.

Honda tops insurance industry safety list, www.palmbeachpost.com December 19, 2013

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