Toyota Unexpected Deployment of Airbag Recall
Toyota announced today that it was recalling more than 1 million of its popular Corolla and Lexus IS sports sedans. According to company reports the vehicles started to have issues with the airbag control module which is likely to short circuit causing the air bag to engage without warning.
An air bag that deploys without warning can cause serious injury. The unexpected burst of an air-bag can release a air particles which can temporarily shock or disorient a driver. If the driver happens to be driving on a crowded highway or at a high rate of speed this unanticipated explosion can cause serious injury.
In such cases the driver can lose control of the vehicle and collide with oncoming traffic or cause a single person accident. In either case you will be entitled to bring a product liability lawsuit against the manufacturer for injuries you have sustained.
Product Liability Claim: Product liability claims are against the manufacturer of the now defective product i.e. Toyota. In such cases the manufacturer will be liable when they produce and put into the stream of commerce a product which is ultimately defective. In such cases they will be held liable for the injuries that were caused as a result of the accident.
Manufacturers can be held liable even after a recall is issued. Regardless of their attempts to correct or remedy the issue, they will still be liable for the harm caused by the production of a defective product.
Generally there are three distinct causes of action possible in a defective product lawsuit:
- Presence of a defect in the original design of the vehicle or vehicle part
- Defect in the manufacturing process of the vehicle. This can be proven by showing that the final produced product if markedly different and as a result more dangerous the intended design
- Labeling defect; also known as the failure to warn consumers of known dangers associated with their product
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