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Personal Injury September 8, 2010
 
Personal Injury
Litigation
Family Law
Real Estate
 

Product Defect and the Circumstantial Evidence Standard

Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor ...(more)

 

Recoverable Damages and the Collateral Source Rule

In addition to laws passed by legislatures, there exists a body of principles derived from court decisions and other judicial ...(more)

 

Personal Injury and Civil Claims and the Burden of Proof

Crimes are wrongful acts against society for which punishment may be imposed. Where an individual is injured through the wrongful ...(more)

 

Families & Lawsuit Immunity

Over the years, intra-family immunity from lawsuits against other family members developed; "parental immunity" and "spousal immunity." Some have suggested ...(more)

 

Personal Injury Headlines

Payouts to Injured Nuclear Weapons Workers Reach $6 Billion

Workplace deaths fall to lowest level since 1992

Motor Vehicle Crash Injuries Costing $99 Billion a Year, or $500 per Driver

Five car crash victims remain hospitalized

Dog Bite Claims Top $400M in 2009; Rise 30% in Last 6 Years

When Seat Belts are Recalled


Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures.

Lawyers, and consumer groups such as Public Citizen, have served as public safety advocates in the area of car recalls, catering to consumer complaints and lobbying for the voluntary recall of dangerous vehicles. Additionally, the National Highway Traffic Safety Administration is the government agency responsible for auto safety, in charge of investigating consumer complaints about faulty car parts and responding to formal complaints filed for actions against car manufacturers.

Cause for Recall
Types of seat belt failures:

  • Plastic seat belt release buttons in some Japanese imports, including Honda, Nissan and Mazda, can chip and crack, preventing release latches from working properly
  • "Gen3" model latch buttons on belt buckles in some Chryslers sit one half-inch higher than the rest of the buckle assembly and can be accidentally activated, causing the belt to unlatch
  • In December of 2005, General Motors issued a recall of 425,000 passenger and cargo vans, stating consumers reported problems latching the seat belt or unlatching it once the belt was in place.
  • In November of 2009 Volvo recalled 9,667 of its 2010 XC60 vehicles due to a defect with the driver's seatbelt.  Crash tests showed the seatbelt detached in crash simulations.

When the Original Owner Does Not Respond to the Recall
The business of recalling cars is often complicated by the resale of recalled cars. Oftentimes, the original owners of recalled cars do not respond to the recall to replace a defective car part. Even when manufacturers and dealers send "reminder" mailings, there has been a trend of unresponsiveness on the part of original owners to fix the faulty car part at issue.

When the original owners of such cars do not respond to the recall to replace a defective car part, and then sell their recalled cars, new owners can be unaware of the potentially life-threatening defect.

Car manufacturers that have recalled certain cars pay car dealers for recall repairs to encourage repairs and prevent future liability. Some dealerships allow Individuals, who have purchased cars that were recalled for having faulty seat belts, to bring the car back to the dealer to run a computer check on past repairs.

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