Monday, January 3, 2011

What is your Right on Auto Recall

Auto recall has been implemented in California to lessen accidents involving defective car parts or design.

The Federal Motor Vehicle Safety Standards has implemented these regulations mainly for car manufacturers to abide. The production of car parts such as tires, brakes, and gas accelerator are monitored closely if these adhere to existing federal and state safety laws.

Production of seatbelt, air bag, and bolster belt, and helmets are also regulated against highest quality standard. Safety equipments must coincide with quality auto parts.

Product recall happens when:
  1. An auto part fails the required quality and safety standard of Federal Motor Vehicle Safety Standard. 
  2. A safety equipment is ineffective and aggravates existing hazard
The National Highway Traffic Safety Administration (NHTSA) inspects vehicles that:
  1. Cause hazard to driving safety 
  2. Have recurring defect over a period of time 
  3. Designs are rampant and poses tremendous hazard
 Some examples of safety defects are:
  1.  Faulty steering wheel that causes loss of control 
  2. Defective fuel system that can cause vehicle fire 
  3. Gas pedal that sticks on floor 
  4. Faulty wiring system that causes vehicle fire 
  5. Air bags that won't deploy or deploy at unnecessary times 
  6. Defective seat belt 
  7. Ineffective seatbelts and baby seats 
  8. Substandard car roof
 Other auto parts that can be subject for auto recall are:
  1.  Poor quality car jacks 
  2. Defective windshield 
  3. Defective exhaust system
If your car has a defective part and poses potential hazard to your safety, report such case to NHTSA. You can file a Product Liability lawsuit to help you recover damages. You will need to prove that the manufacturer committed error in the design, manufacture, or marketing phase.

Design error refers to the failure of the manufacturer to ensure a vehicle structure or design that is safe and free of hazards.

Manufacture error refers to the failure of the manufacturer to adhere to federal and state regulations on quality and safety. Marketing error refers to the failure of the manufacturer/dealer/seller in informing users on the existing and potential hazards of the auto part/vehicle.

You will need to prepare legal documents as evidence for your Product liability lawsuit.
You may present photos of the defective auto part, expert analysis on your auto part, and medical records for injuries arising from an accident. You may also present witness statements as evidence for your case.

Consult a Los Angeles personal injury attorney to help you file the lawsuit. 



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025. 

1 comment:

  1. Thanks for the information. This is a big help for everyone, especially since a lot of recalls on vehicles and cars have been happening nowadays. At least we now know the legal implications of this action.

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