If you’ve just bought a new Toyota or Lexus, your vehicle may need its engine replaced. Over 44,000 cars and SUVs from the 2019 and 2020 model years are being recalled because they may overheat, stall, or even catch fire. Affected vehicles include 2020 Toyota Camry, Toyota Camry Hybrid, Toyota Avalon Hybrid, and Lexus ES300h sedans, and 2019-2020 Toyota RAV4 and RAV4 Hybrid SUVs.
The recall is due to an issue with the engine block, where combustion takes place. Because of a manufacturing error, the engine block could leak coolant or oil, which may lead to a stall or fire while the engine is in use. Drivers may first notice warning lights and chimes, increased engine noise, and/or engine smoke. In a written statement, Toyota announced that about 250 out of the 44,191 recalled vehicles will actually need their engine replaced, but dealers will have to check the serial numbers on the engine blocks in recalled vehicles to determine whether they were part of the faulty batch.
The problem started in September 2019 at a Toyota-owned factory in Tennessee that manufactures engine blocks for Toyota and Lexus vehicles. According to a written statement from the automaker, a water flow meter at the factory failed while some engine blocks were being cast. As a result, these blocks did not cool properly, which caused cracks to develop. Toyota said it discovered the problem when it found vehicles with coolant leaks during inspections of new vehicles at factories and dealers.
Although the majority of affected vehicles have already been sold to consumers, some are still on dealer lots and cannot be sold until they have been repaired. A Toyota spokesperson would not comment on whether there have been any crashes or injuries related to this problem.
Motor Vehicle Defects and Recalls in Florida
Motor vehicles, by and large, are designed to be safe. However, manufactures 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.
Call a Miami Car Defect Accident Attorney Today!
If you sustained injuries due to a defective vehicle part or product, you shouldn’t have to bear the entire financial weight of those injuries. Companies should be held accountable for their defective, dangerous products. Assess the strength of your claim by speaking with a Miami product liability attorney who is familiar with Florida’s product liability laws.
The Law Offices of Suarez & Montero represents consumers in various types of products liability claims. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
We are available 24/7 to give you a free, no risk case consultation.
