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Automobile Manufacturer Recalls And Seeking Compensation

When a car manufacturer discovers a dangerous defect with a part or device in a car it makes, it is sometimes required to issue a recall to warn consumers of the danger. Most manufacturers do this by sending notices to car owners or through the media, and cover the costs of any necessary repairs to remedy the defect. It is, of course, a good idea to follow the instructions when recalls are issued, however, sometimes the notices of a recall do not always get through to the consumers using the particular make or model of the car, and the driver only learns that there was a recall after an accident has happened.

If an accident is caused by a manufacturing or design defect in a product, a consumer can seek compensation from the manufacturer in a products liability lawsuit for any injuries or property damages caused as a result of the product malfunctioning.

Manufacturer recalls can be voluntary, or as a result of a government recommendation or order. Sometimes government investigations into the safety of a particular car are initiated by people calling in about issues they believe are linked to a manufacture defect. If a large number of people report the same issues, a recall may be required. Safety recalls, of parts such as the accelerator or airbags, are distinguished from recalls of issues that may be considered cosmetic, such as faulty car radios.

When car manufacturers issue a recall, it is more a public safety announcement, and does not necessarily affect the legal rights of a driver who was unaware of the recall and later got into an accident while driving a recalled car to seek compensation. For drivers or car owners who received a recall notice directly before the car accident, and were warned of specific dangers involved with the defective car part, the manufacturer may have a defense to the car owner’s lawsuit. However, if all the manufacturer issued was the broad recall through government websites and the media, it can be difficult to prove that a particular car owner saw the notices and was made aware of the danger but failed to have his car repaired.

If a car owner is not involved in a car accident, but owns a car that is included in a recall and files a lawsuit for simply having the defect in his car, he is unlikely to get very far. This is primarily because even though the defect exists, the driver has not suffered any harm yet, and therefore has no monetary losses. In addition, the manufacturers offer to pay for repairs as part of a recall, and therefore that remedy would already be available to the car owner without having to go to court.

Let Us Assist You

Liability in car accidents can sometimes be difficult to determine, especially if there is also a possibility of a claim against the manufacturer. In order to ensure that you are seeking compensation from all liable parties, it is important to seek guidance from an experienced attorney before filing a lawsuit. For more information, Contact the experienced Columbus, Ohio car accident attorney Ed Schottenstein of the Schottenstein Law Offices.