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Consumer Safety

THE TOYOTA & HONDA RECALLS: PROTECT YOURSELF FROM DEFECTIVE AND DANGEROUS PRODUCTS

     Most everyone by now has probably heard of Toyota recalling more than 8 million cars and trucks due to faulty gas pedals that may cause runaway acceleration and faulty software that may cause delayed braking. A CHP officer died in a freeway accident in San Diego reportedly due to a sudden acceleration problem. Very recently, Toyota announced the recall of nearly 440,000 of its 2010 Prius cars. (For more information on the Toyota recalls and the vehicles affected, please visit www.toyota.com/recall.)

     Honda, Toyota’s rival, has recently added over 400,000 vehicles to its recall list due to faulty air bags that deploy with too much pressure, causing the inflator to rupture and injure or kill the vehicle occupants. Honda originally announced the recall in November 2008 and the total of number vehicles recalled since then is nearing one million. (For more information on Honda’s recalls and the vehicles affected, please visit www.honda.com.)

     The phrase ‘product recall’ was not common several years ago, although major product recalls have happened as far back as the 1950’s. Now, with the tightening of consumer protection laws, product recalls have become the wiser course of action for many manufacturers. Does this mean these companies have become more caring about the safety and welfare of the consumers who buy their products? Or is this a smarter alternative for them to guard against a potential products liability lawsuit?

     Product liability is the area of law where product manufacturers and distributors are held responsible for the injuries that their defective products cause. Any product may cause a product-related accident, including such items as: defective toys, clothes, equipment, tools, foods, medicines, and vehicles. If such products are defective or are inherently dangerous, they can cause injuries. If a defect in the design or manufacture of the product causes injuries while the product is being used in a reasonably foreseeable way, then the law imposes liability on the product manufacturers and distributors.

     Defective and dangerous products may at times be sold to the public because the product manufacturer or distributor was negligent in the design, manufacture or marketing of the product. And even if negligence may be difficult to prove, the fact that a defective or dangerous product ended up being sold in the market may be enough to hold the product manufacturer liable for the injuries that the product caused. This is the principle of strict liability that applies in these cases.

     There are three main reasons why a product may be considered defective or dangerous:

        1) The product may have a design defect. This means the product was manufactured as intended, but its design is inherently dangerous so that it is still unsafe for its intended use.

        2) The product may have a manufacturing defect. This means the design of the product is adequately safe, but the product was made with a flaw which makes it dangerous. These defects commonly occur during the manufacturing process and may involve substandard materials or careless workmanship.

        3) The product failed to adequately warn of the dangers associated with its use. The product may have been properly designed and manufactured but there was a failure to inform the consumer of the dangerous features, potential hazards or side effects in the use of the product.

     It is a fact that safety standards and consumer protections have improved over the years, and that companies are more conscious about these standards and protections. However, defective and dangerous products still enter the marketplace and cause serious injuries and deaths to consumers.

     Consumers would do well to educate themselves on safety and prevention and informing themselves of the appropriate steps to take should a product-related injury occur. One of the most important steps they could take in a products-related accident is to make sure that the product that was involved in the injury is preserved and stored. Without the dangerous and defective product, it will be extremely difficult to bring a case against those made or sold it.

     A former Chief Justice of the California Supreme Court once said, “It is to the public interest to discourage the marketing of products having defects that are a menace to the public. . .” The laws are there to protect consumers against this menace.

© Law Offices C. Joe Sayas, Jr.