Hyundai and Kia recently issued a recall that affects more than 591,000 of their vehicles in the U.S. According to details surrounding the situation, a brake fluid leak could cause engine fires. News of the recall has put many U.S. consumers on high alert.
The recall strictly affects the following:
- Kia Optima’s (including the 2013, 2014, and 2015 models)
- Kia Sorento (including the 2014 and 2015 models)
- Hyundai Santa Fe (including the 2013, 2014, and 2015 models)
What is the issue with the vehicles? According to the automakers, brake fluid can possible leak inside the hydraulic control unit for the anti-lock brakes; the leak can cause an electrical short which can directly cause a fire.
The companies have scheduled the recalls to begin in October. Kia will be beginning their recall on October 15th; Hyundai will be beginning their recall on October 23rd. Dealers will be responsible for inspecting vehicles’ control units for leaks as well as replacing control units if it is necessary to do so. Of course, any necessary repairs related to the recall will be available at no cost to affected consumers.
Unfortunately, recalls like the one that these two automakers are facing are common in the auto industry. Automakers constantly fail to identity and address the hazards present in their products, making defective products available to consumers.
Have you and your family been affected by a defective auto? If so, you should consider the possibility of taking legal action against the automaker that contributed to the harm suffered by making the defective auto available for the public. If you or a member of your family suffered harm due to a defective product, you should explore the legal options available to you.
Based on the details surrounding the specific situation and the harm that you or a member of your family suffered due to a defective vehicle, you might have grounds to sue. Specifically, you might have grounds to file a product liability claim. If you would like to learn more about your right to sue Kia, Hyundai, or any other automaker for the harm that you or a member of your family suffered, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims – including product liability claims. We are not afraid to pursue claims against major companies; our experts are dedicated to holding these companies accountable for the harm resulting from their defective products. If you would like to discuss your claim our product liability experts, contact Downtown L.A. Law Group today.
The Defect Should Be Taken Seriously
As explained above, the defect present in the affected vehicles represent a fire risk. The risk of fire should always be taken seriously, as it comes with a risk of injuries, death, and property damage. Consumers could suffer burns (varying in degrees) that could damage skin, nerves, muscles, ligaments, and even bones. Although every burn injury is different, some burn injuries could result in the loss of function and the loss of feeling, for instance. In addition, severe burns could directly lead to amputations. In addition to burn injuries, fires could also lead to smoke inhalation injuries. Smoke inhalation injuries include internal burns (specifically of the respiratory system due to inhaling hot smoke and gasses), oxygen deprivation (which can lead to brain damage), and loss of consciousness. Both burn injuries and smoke inhalation injuries can be fatal. In addition to this physical harm, significant mental and emotional harm could occur. Fires could also lead to significant property damage.
Could You Sue?
If you or a member of your family suffered harm associated with a defective product, such as a defective vehicle, you might have grounds to sue. Specifically, your right to sue will be based on the concept of product liability. What is product liability? Based on the concept of product liability, all companies owe their consumers a specific duty of care. What does this mean? Because companies owe their consumers a duty of care, they must ensure that their products are completely safe for their consumers to use.
Automakers, like all other manufacturing companies, owe their consumers a duty of care; to ensure that their products are completely safe to be released to consumers, companies must test and inspect their products thoroughly to be able to identify and address any hazards or defects present in their products. Unfortunately, companies can breach this duty of care by failing to identify the dangers present in their products and making these defective products available to the public. This can contribute to incidents which could directly lead to harm to consumers.
In cases in which the harm that a consumer suffers can be directly associated with a breached duty of care (or a defective/dangerous product), the company that made the defective product available for purchase can be held accountable. In other words, the company that made the defective product available for purchase could be liable. This means that affected consumers could sue and possibly recover monetary compensation for the harm that they suffered.
If you are interested in learning more about your right to sue based on the concept of product liability, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
What Should You Do after Suffering Harm?
If you or member of your family suffered an incident resulting in harm due to a defective product, you must take immediate action to ensure that you can pursue a claim. Whgat should you do? Consider some of the recommendations below:
- Seek medical care immediately
- Photograph all injuries you suffered in the accident
- Photograph the defective product (if possible, ensure that the defect is clear)
- Photograph any property damage caused by the incident
- Contact the company as soon as possible
- Report the incident and the resulting harm
- Do not agree to a free repair or free replacement
- Do not agree to return the defective product
- Do not agree to a refund
- Speak to witnesses and gather their contact information
- Gather any video footage that might have captured the incident (such as dash cam footage or any surveillance footage)
- Collect all relevant medical records
- Collect any records of property damage
- Seek the legal opinion of a product liability lawyer as soon as possible
If you are interested in learning more about the importance of following the steps listed above, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers will guide you every step of the way.
Could You Be Compensated?
Based on the details surrounding your specific situation, pursuing a claim could result in the recovery of monetary compensation. Could you really be eligible to recover compensation for the harm that you or a member of your family suffered? If your claim is successful, you could be eligible to recover some of the following categories of compensation:
- Medical costs
- Lost wages
- Pain and suffering
- Funeral and burial expenses
- Property damages
- Loss of consortium
- Punitive damages
Could you recover the different types of compensation listed above? To learn more about the specific type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. For your right to recover the highest amount of compensation available for your claim, contact our firm today.
Filing Your Claim Within the Statute of Limitations
Without a doubt, you could pursue a claim against Kia or Hyundai if you or a member of your family suffered harm associated with their defective vehicles. However, you could lose your right to sue if you fail to file your claim within the appropriate length of time. This is because all claims are subject to a statute of limitations – which determine the specific length of time that claimants have to sue. If claimants do not file their claims within the deadline established by the applicable statute of limitations, they will lose their right to sue.
How long do you have to pursue your claim? What deadline applies to product liability claims. In California, product liability claims are subject to a two-year statute of limitations. Therefore, claimants have two years to file their claims. Although the statute of limitations determines a strict timeline, exceptions could apply – which could potentially toll or pause the statute of limitations for your claim.
Because filing your claim on time is so important, you should seek legal assistance immediately to learn more about the total length of time that you have to pursue your claim. Do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Contact Downtown L.A. Law Group
Were you or a member of your family harmed as a direct result of the defective Kia and Hyundai vehicles that have recently been recalled? If so, you might have grounds to file a product liability claim. If you are interested in learning more about your right to pursue a product liability claim, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims – including product liability claims. If you are interested in learning more about your right to sue and receive compensation for the harm that you or a member of your family suffered, contact the experts at our firm today.
At Downtown L.A. Law Group, our firm offers free legal services, specifically free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns. You can be certain that our product liability lawyers will provide you with all the information that you might need to pursue your claim. Whether you are starting the legal process or looking to redirect your claim, you can trust our lawyers to guide you every step of the way. If you are interested in benefiting from our free legal services, do not hesitate to contact our firm as soon as possible.
Our firm offers a Zero-Fee guarantee which ensures that affected consumers will never be required to pay any upfront legal fees for any of our legal services. Our firm also offers a strict contingency structure, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not have to pay anything for our legal services.
Are you ready to discuss your product liability claim against Kia or Hyundai with the experts at our firm? If so, contact us today.