Automakers Continue to Issue Huge Recalls for Defective Products

It has not been a good year for Japanese automakers. On the heels of yet another massive recall from Toyota, Nissan has recalled 2.2 million vehicles around the world to fix an ignition defect that can cause stalling. The recall will include the Armada, Infiniti QX 56 sport-utility vehicle, the Titan pickup truck, and some older model Frontier pickups, Pathfinder and Xterra SUVs.

In October, Toyota announced it would recall 1.66 million of its cars and SUVs, bring the total number over the last year to a whopping 14 million recalled cars. While there have been no accidents associated with this latest Toyota recall, car makers should be increasingly concerned about the impact defective auto products
could have on consumers.

Over the last several decades, tort law has adapted in order to protect consumers from defects in automobiles that can cause injury. Under what is known as the “crashworthiness doctrine,” a vehicle manufacturer can be held liable for design defects that cause additional damage in an accident – in other words, damage that was not caused directly by the collision.

When looking at a possible crashworthiness claim, an experienced attorney will look at the relationship between the circumstances of the accident, the way the vehicle performed during the accident, and the types of injuries suffered. An automaker can be held liable for damages if the defect in a car causes or enhances injuries, or if the manufacturer fails to provide adequate protection from a foreseeable injury.