Auto defect recalls are initiated in 2 situations | Bart Durham Injury Law

Auto defect recalls are initiated in 2 situations

When an auto defect is discovered, recalls are often initiated in order to correct the problem and prevent consumer injuries. As many Nashville residents rely on automotive transportation on a daily basis, these recalls are a serious concern.

The National Highway Traffic Safety Administration website explains that auto recalls are necessary in two situations. The first is when a vehicle fails to comply with the Federal Motor Vehicle Safety Standards. The second is when a vehicle or vehicular equipment has a safety-related defect.

The FMVSS apply to vehicles which are manufactured or sold in the United States or its territories. These standards establish minimum requirements for parts that are involved in the safe operation of a vehicle. Examples of such parts are air bags, child restraints, motorcycle helmets and seat belts.  

Safety-related defects are defined under the United States Code for Motor Vehicle Safety. Generally, a defect will fall under this category if it creates a safety risk for a group of vehicles. For instance, if a car model contains a defective fuel system part that increases the chance of a fire, those vehicles may be considered to have a safety-related defect.

The NHTSA's Recalls FAQ notes that recalled vehicles or equipment must be addressed by the manufacturer. This may involve repairs or replacements, which must be provided to consumers for free.

According to the Cornell University Law School's Legal Information Institute, those injured due to product defects may pursue products liability lawsuits. Depending on the facts of the case, consumers who have been hurt by an auto defect may be able to bring such a claim. 

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