The recent recall of more than 1.6 million vehicles produced by General Motors has shed light to the auto manufacturing giants liability for injuries resulting from defects in their products. Manufacturers of consumer products including passenger vehicles have a duty to product goods that are safe to use. Furthermore automobile manufacturers owe a duty to properly warn consumers of dangers associated with the use of their products and or recall such vehicles which are known to present a heightened risk of harm due to faulty design and manufacturing. There are several ways to establish liability against General Motors for the production and sale of defective vehicles.
1. Failure to Properly Warn: According to the investigation by the NHTSA, General Motors had knowledge of issues concerning the ignition system of their vehicles as far back as 2004. According to label defects laws manufacturing entities properly communicate any known and knowable dangers and or defects associated with the common use of their product. In other words General Motors may have (1) owed a duty to purchasers of their vehicles to issue a recall at an earlier time so as to prevent harm and (2) Owe a duty to any future purchasers of their vehicle to fix the issue and or properly warn of dangers associated with the use of their product.
2. Defect in the Original Design of the Automobile: A defect in the research and design phase of a vehicle can be proven in several different ways. Generally a design defect can be shown when at the time of vehicles production an alternative design existed that posed a greatly reduced risk of significant harm the driver of the vehicle of other motorist on the road. In other words if there was an optional ignition switch system that was at a reasonably similar costs and was less dangerous that the one used then liability can be established.
Availability For Punitive Damages in Cases Involving Auto Defect and the Failure to Institute Recalls In a Timely Manner
Punitive damages are not meant to provide just compensation for individual s who have suffered harm. Instead their purpose is to place such substantial financial burden on the manufacturers of the vehicle so that they will refrain from any future wrongful or grossly negligent actions which can result in harm to consumers. Punitive damages are awarded when an individual or company acts either with the intent to cause harm, knows of a high probability or substantial likelihood that harm will result from its action or inactions, or fails to properly warn of known or knowable harms associated with the use of its products.
Is Recovery Available for Individuals Injured in Accidents Caused by Defects in General Motors – Chevy Vehicles
Victims of defective product are entitled to compensation under the law. Types of compensation recoverable in product liability causes of action include, (1) All medical and rehabilitation costs, (2) Cost of future medical and rehabilitation expenses (3) Replacement for damaged or destroyed property (4) Pain and suffering including mental anguish PTSD and depression resulting from the injuries suffered. (5) Loss of wages. (5) Loss of income or earning capacity.
For more information regarding the filing of a lawsuit against General Motors for Ignition switch defects resulting in injuries see here…