According to a spokesperson for Volkswagen, the German auto manufacturer is issuing a recall that affects 106,000 Volkswagen vehicles. The recall will affect Beetle coupes and convertibles manufactured from 2012 through 2014 model years. The recall is being done to replace potentially dangerous Takata driver side airbags that may rupture during deployment and spray metal fragments that could injure or kill vehicle passengers. Over time, the propellant in the driver-side airbag inflator could degrade due to exposure to high humidity and temperatures. If this occurs, the inflator could explode if the airbag deploys. The specific driver-side airbags installed in the recalled Beetles don’t currently pose an unreasonable risk to vehicle occupants, according to documents provided by NHTSA, but testing shows they may become more dangerous as they age. As a result, Volkswagen is replacing the airbags now before they become a more serious safety concern. So far, there have not been any crashes or injuries related to these specific airbags. To be specific, the vehicles affected are the Volkswagen Beetle coupes manufactured from Feb. 17, 2011 through July 3, 2014 and the Volkswagen Beetle convertibles manufactured from Dec. 29, 2011, through July 2, 2014. Volkswagen will contact owners of affected vehicles via first-class mail starting in February. Dealerships will replace the airbags with new units that feature a different design free of charge.
Product Liability Claims Involving Defective Vehicles
In the state of Florida, the manufacturer, retailer, or other distributor of a defective product may be liable for any harm to persons or property caused by the product. To recover under a strict product liability claim, the plaintiff must plead and prove that the product was defective, the defect existed at the time the product left the defendant’s control, and the defect caused the plaintiffs injuries when the product was used in an intended or reasonably foreseeable way. A product is defective when at the time that it is sold it contains a manufacturing defect or a design defect or inadequate instructions or warnings about the product. A manufacturing defect is defined as a deviation from what the manufacturer intended the product to be that causes harm to a plaintiff. The test for the existence of such a defect is whether the product conforms to the defendant’s own specifications. On the other hand, a design defect is evaluated in a different manner. In Florida, a design defect can be determined using either the consumer expectation test or the risk utility test. In Florida, both tests may be applied. The consumer expectation test asks whether the product includes a condition not contemplated by the ordinary consumer that is unreasonably dangerous. On the other hand, the risk utility test asks, “do the risk posed by the product outweigh its benefits”. Under the risk utility test, the plaintiff must prove that a reasonable alternative design was available to the defendant and the defendant failed to use that design rendering the product not reasonably safe.
Speak with a Miami Accident Lawyer Today!
At Suarez & Montero, we know how important it is to drive a vehicle that is safe. After an accident involving a recalled vehicle, you may be thinking about filing a lawsuit or claim and want to know who may be financially responsible for your injuries. Depending on the specific facts that apply to your case, the answer to that question will vary. If you think a defective automotive part caused your injury, contact our team to discuss your legal options and get your claim evaluated by a legal professional. We encourage you to get in touch with Suarez & Montero today and schedule a consultation with our legal team. Our law firm’s history of extraordinary representation and success in personal injury cases has earned us great praise from former injury clients, as well as high reviews on Google! We are available 24/7 to give you a free, no risk case consultation. 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.
