Hyundai is recalling about 207,000 Sonata sedans from the 2013-2014 model years due to concerns about a potential fuel leak and subsequent fire risk. A fuel line may develop a small crack over time because of heat in the engine compartment, according to documents filed with the National Highway Traffic Safety Administration. If the line leaks gasoline, there’s a risk of fire. Hyundai says drivers may be able to smell fuel if there’s a leak. The similar Kia Optima was recalled last month for the same flaw, prompting Hyundai to take action. It says it hasn’t received reports of smoking, melting, or fire events related to the problem. Hyundai is still investigating the causes and evaluating a fix. Dealerships and owners will be notified of this recall in April, and the fix will be done at no charge.
Motor Vehicle Defects and Recalls in Florida
Motor vehicles, by and large, are designed to be safe. However, manufacturers sometimes release vehicles before they are thoroughly tested, or use components known to fail at crucial moments. Careless design or defectively manufactured cars result in serious injuries or death. However, proving liability is not necessarily simple-the laws regarding auto defect liability vary on a state-by-state basis. There are generally three different theories by which an injured consumer can pursue a product liability claim: Negligence, Strict Liability, and Breach of warranty.
Negligence: To succeed in a defective product suit on a negligence theory, the injured consumer must prove four factors. He or she must prove that: The manufacturer of the product had a duty to manufacture or design a product that was safe for use; The manufacturer of the product breached that duty; The breach was the proximate cause of the consumer’s injury; and The injured consumer suffered damages as a result.
Strict liability: Strict liability causes of action do not require that the injured consumer prove that the defendant was negligent. Even if a manufacturer or supplier proves that they exercised reasonable and appropriate care in the making of a product, they can still be found liable for damages. The injured consumer has to prove: A defect in the product caused the injury; The injured consumer was using the product in the manner with which it was intended to be used; and There was no substantial change in the product between the time it was manufactured and the time it reached the consumer.
Breach of Warranty: An injured consumer may bring a breach of warranty claim by proving that the seller made promises about a product and failed to provide an appropriate remedy for it. A valid breach of warranty may exist where a company fails to comply with the terms of the warranty coverage. There are two types of warranties: express warranties and implied warranties. An express warranty is a promise or guarantee that a seller or manufacturer explicitly states. These are usually written statements that make a claim that no injuries will occur if a product is used properly. An implied warranty is the reasonable assumption that a product sold is safe for use and that the consumer will use the product as intended.
Speak to our Miami Car Accident Lawyers Today!
At Suarez & Montero, our team of car accident attorneys in Miami will work with you every step of the way, offering the expert legal guidance you need to win your lawsuit. We will take care of all legal matters that relate to your claim and develop the best legal strategy for your individual case to ensure the successful recovery of your damages.
This includes determining the economic and non-economic compensation you’re entitled to, identifying who should be held liable for your injuries, losses and damages. We will not rest until we have developed and presented the most persuasive argument possible, and ensure you receive fair and just compensation for your damages.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
