June 30 2014: General Motors has announced the latest recall of millions more vehicles due to the auto manufacturers defective ignition key system resulting in the vehicle electrical system shutting down while being driven. According to official estimate GM’s ignition key system has been a contributing factor in hundreds of deaths and thousands of injuries. Amongst the vehicles recalled include the Cadillac SRX produced models years 2004, 2005 and 2006. According to recently release documents General Motors’ found out about the Cadillac SRX ignition switch complications in 2006 resulting in the installation of an older ignition key system in SRX models from 2007 onwards.
Failure to Recall and Replace – Establishing Liability Against General MotorsDespite knowledge of the ignition key defect General Motors failed to recall and replace the defective parts from older Cadillac SRX Model. Liability against General Motors can be established when a manufacturer knew or should have known of the dangerous propensities of their products but failed to either (1) replace the vehicle (2) fix the issue via a recall or (3) properly warn consumers of the dangers associated with the common use of the product. Common Injuries: According to our analysis of the cases we have retained accident involving ignition switch defects tend to cause more severe injures because of many factors, chief amongst them the facts that in many instanced the switching off of the ignition system during driving will also turn off all of the vehicle safety mechanism including driver / passenger / and side airbags of the vehicle. Some of the most common injuries include the following…
- Lower back and spinal cord injuries.
- Injuries to the shoulder including torn rotator cuff.
- Broke nose and other facial injuries including facial lacerations.
- Broken bones – cracked ribs, broken wrist, ankles and knees.
- Torn ligaments and nerve injuries.
- Traumatic brain injury – TBI
Recovery Available for Injured Individuals in Ignition Switch Key DefectsVictims of personal injury caused by the intentional reckless or wrongful actions of others are entitled to compensation for all harms suffered. Types of damages compensable in product liability cases include the following…
- All medical and health related costs.
- Cost of future medical and rehabilitation care.
- Disability care, including home, nursing, special education, and transportation costs.
- Lost wages and loss of future income capacity.
- Economic damage – damage to property loss of value in property.
- Non-economic damages – this includes emotional distress. mental anguish, pain and suffering.
- Wrongful Death Compensation: Certain relative of those who were killed in accident caused by defective GM automobiles have the right to pursue a wrongful death claim against at fault parties.
- Punitive Damages: Punitive damages can be awarded were the at fault party displays a malicious intent to cause harm or death or willful and wanton disregard for the life and health of the at fault party.