The Impact of Vehicle Recalls on Product Liability Cases

At Conley Griggs Partin LLP in Atlanta, we represent individuals and families harmed by defective vehicles and auto parts. Auto product liability cases are complex, often requiring a deep understanding of how vehicles are designed, manufactured, and maintained. One factor that can significantly influence these cases is whether or not the vehicle or its components were subject to a recall.

Types of Auto Products Liability Cases

Auto product liability claims typically fall into three categories:

• Design Defects: These occur when a vehicle or component is inherently dangerous due to the way it was designed. Even if manufactured correctly, a product with a flawed design can fail under normal conditions. Examples include vehicles with a high risk of rollover or poorly designed fuel tanks that can ignite on impact.
• Manufacturing Defects: These defects happen during the production process. Even if a design is safe, errors during assembly or the use of substandard materials can make a product hazardous. A common example is defective tires that blow out despite normal use.
• Failure to Warn (Marketing Defects): Manufacturers have a duty to warn users about known dangers associated with their products. If they fail to provide adequate instructions or warnings, they may be held liable when injuries occur. An example would be a manufacturer not warning consumers that an airbag might deploy with excessive force.

How Vehicle Recalls Impact Product Liability Cases

A vehicle recall is issued when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a defect that poses a risk to safety. While recalls aim to protect consumers, they also play an important role in product liability cases.

Here’s how recalls can affect these claims:

• Proof of Defect: A recall can serve as strong evidence that a product is defective. If a manufacturer has acknowledged a problem serious enough to warrant a recall, it can help establish one of the key elements of a product liability case—proving the product was unreasonably dangerous.
• Manufacturer’s Knowledge: Recalls show the manufacturer was aware of the defect. This is critical in cases where the manufacturer failed to act responsibly after discovering the issue. If the recall came too late or the company failed to notify consumers effectively, that negligence can be a major factor in a claim.
• Failure to Remedy: When a vehicle is recalled, the manufacturer typically offers a free repair or replacement of the defective part. If the defect was not fixed after the recall, and an injury occurred because of that, it can strengthen the case against the manufacturer or dealership. On the other hand, if a consumer ignores recall notices and continues to drive a vehicle with a known defect, it can complicate liability issues.
• Impact on Damage: A recall can increase the likelihood of punitive damages if it shows the manufacturer acted recklessly—such as delaying the recall or minimizing the seriousness of the risk. Courts often consider whether the company prioritized profits over safety.

Work with Experienced Product Liability Attorneys

At Conley Griggs Partin LLP, we have experience handling vehicle defect cases that involve everything from faulty brakes and airbags to defective seat belts and tire blowouts. Whether or not your case involves a recalled vehicle, our team will conduct a thorough investigation to determine who is responsible and fight to recover the compensation you deserve.

If you or a loved one has been injured due to an auto defect, contact our Atlanta office to schedule a consultation.