Finding out your vehicle has been the subject of a safety recall can be
alarming. However, it is always better to find out
before a tragic accident occurs.
San Diego product liability attorneys, we want drivers to understand what it means when a vehicle is recalled.
First, a safety recall involving a motor vehicle or an item of motor vehicle
equipment can be independently conducted by a manufacturer or ordered
by the National Highway Traffic Safety Administration (NHTSA). In either
case, the manufacturer must file a public report describing the safety-related
defect or noncompliance with a Federal motor vehicle safety standard,
the involved vehicle/equipment population, the major events that resulted
in the recall determination, a description of the remedy, and a schedule
for the recall.
Second, manufacturers are obligated to attempt to notify owners of recalled products
. As detailed by the
NHTSA, each notification letter must contain the following information:
- Describe the defect or noncompliance;
- The risk or hazard posed by the problem, including any warning of the problem;
- A brief description of the free remedy, including when the remedy will
be available and how long the repair will take; and
- A description of what the owner can do if the owner is unable to have the
problem corrected within a reasonable time and without charge.
Third, manufacturers must provide owners safe, free, and effective remedies
according to the Safety Act and Federal regulations. Remedies can include
the repair, replacement, or repurchase of the vehicle or item of equipment
that will correct the safety defect or noncompliance.
It is important to understand that even if you do not receive a notification,
if your vehicle, child restraint, or other item of equipment is involved
in a safety recall, the manufacturer is still obligated to fix it for free.
What If You Are Injured by the Defect?
The Safety Act does not provide for reimbursement for damages that the
defect or noncompliance may have caused. However, you may be able to pursue
compensation for injuries and other losses through a San Diego product
If you or someone you love has been seriously injured by a
dangerous or defective product, don’t hesitate to
contact a San Diego product liability attorney at the Law Offices of Robert Vaage for a free consultation.