Tag Archives: defective products


29 Feb
Happy Leap Day 2016! We at the GoLaw Legal Network hope you will “Be Our Valentine” all year long by joining us on our Online Social NetworksLast month we posted Part One of an article about Car Safety Recalls from Farmers Insurance, and a few tips on What to Do If Your Car Is Hit With A Recall – Part One.  This month, GoPersonalInjury.com brings you more Auto Safety Tips and Best Practices with “Car Safety Recalls Part 2: Toyota”.
A number of members of the GoLaw family drive Toyota vehicles and have had good results with respect to longevity and ease of maintenance.  Even so, one of our vehicles (a 2009 Toyota Yaris) received a number of IMPORTANT SAFETY RECALL NOTICES during the past year, including:
Toyota Driver Side Seat Track Assembly: In the seat rail of the driver seat of the subject vehicles, the springs used for the mechanism which locks the seat rail in its adjusting positions could break. This can happen if the seat is adjusted forward and/or rearward with high frequency.  If a seat rail spring breaks, the seat may not lock into the adjusted position. If the vehicle is operated with a broken seat real spring, the seat could move in the event of a crash, increasing the risk of injury to the occupant.
Toyota Steering Column Spiral Cable Assembly: The steering column assembly in the involved vehicles contains a spiral cable assembly with electrical connections to the driver’s airbag module that could become damaged when the steering wheel is turned. If this occurs, the air bag warning lamp will illuminate. In addition, the driver’s air bag could be come deactivated, causing it to not deploy in the event of a crash.  This could increase the risk of injury to the driver in certain types of crashes.
Either one of these issues could create a dangerous situation, and if both occurred together, the result could be fatal. The above described Automobile Safety Recall Notices were sent to us “in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act”, and each applied to more car models than just ours, including certain:
– 2009-2010 Model Year Corolla and Corolla Matrix Vehicles
– 2008-2010 Model Year Highlander Vehicles
– 2009-2010 Model Year Tacoma Vehicles
– 2006-2008 Model Year RAV4 Vehicles
– 2008-2010 Model Year Scion xD
– 2006-2010 Model Year Yaris Hatchback and Sedan Vehicles
It was a fairly straightforward process for us to get the URGENT SAFETY RECALLS performed FREE OF CHARGE, but if you have other questions about the above recalls, click: Toyota.com/Recall or search your auto manufacturer/model and the term “recall” in your preferred online search engine such as Bing/MSN, Google, and/or Yahoo!. If you believe a dealer has failed or is unable to remedy the defect within a reasonable time, click: SaferCar.Gov
The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Has Your Car Been Hit With A RECALL – Pt1

31 Jan

Happy New Year! We at the GoLaw Legal Network and our friends at GoPersonalInjury.com have made a resolution to share more Auto Safety Tips and Best Practices with our “digital friends” like you through our Online Social Networks.  Thanks to Dennise Burbank at Farmers Insurance near Marysville, California for emailing us at GoLaw.com this important article about Auto Safety Recalls.

What to Expect When an Automaker Finds Defects

Buying a new car doesn’t guarantee the vehicle will be without problems. Manufacturers issue recalls when an automotive defect is found that could pose a danger to drivers or passengers. In fact, 2014 was a record-breaking year for car recalls in the U.S., with more than 60 million vehicles affected by approximately 700 announcements.

The Recall Process
Any number of problems can incite a recall — from malfunctioning accelerators to defective steering parts and everything in between.

Once issues are discovered, automakers are legally required to send recall letters to the registered owner of each vehicle detailing what’s wrong, the risks posed, and where the vehicle can be serviced. The notice will also include a list of potential warning signs to help determine if a vehicle requires immediate attention.

When the problem is less serious, the automaker sends a service bulletin to dealers, notifying them of the concern and outlining how to resolve it. Often referred to as “secret warranties,” these announcements usually go unpublicized since the issues don’t pose a threat to safety.

A manufacturer who issues a recall notice to drivers or a service bulletin to dealers accepts the financial liability for the recall-related repairs as long as a designated dealership or repair site services the vehicle.

How to Stay Aware of Recalls
Before buying a car manufactured in the last 10 years, check for recalls online. Search the
recall database maintained by the National Highway Traffic Safety Administration (NHTSA) to determine if recalls have been issued or if a particular vehicle has missed necessary recall-related repairs. 

If you think your vehicle has a safety defect, report it to the NHTSA so potential safety hazards can be investigated and addressed. If the NHTSA receives enough complaints on a specific make and model, the government agency will launch an investigation.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Products Liability Articles by GoLaw.com

31 May

Have you been injured by a defective product? GoLaw.com is here to hep you find an Personal Injury Lawyer near you. Read our Products Liability Articles to get more information. If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

GoLaw.com - Accident Injury Lawyer Mark A Doughty

The following BLOGs may be helpful to you in researching your Product Liability case:

Products Liability Articles

Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product’s dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer’s liability for breach of warranty.

Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person’s life expectancy is also considered if the injury is permanent.

Frequently Asked Questions (FAQ’s) About Products Liability Claims

A defective product is a product that has a design defect or a manufacturing defect. If a product lacks an adequate warning of any known dangers associated with its use, the product is also considered to be defective.

Recovery in Strict Products Liability for Product Damage Alone

Products liability is the area of the law that deals with injuries and property damage caused by defective products. A product is considered defective if it has a design or manufacturing flaw. If the product lacks proper instructions or lacks sufficient warnings about any dangers associated with its use, a product can also be considered defective. This article discusses recovery for defective products when the only damage was to the product itself. There were no personal injuries or damages to other property.

Medical Causation in Drug Products Liability Cases

What is a drug products liability case?

Read All GoLaw.com legal research Newsletters

If you or a member of your family or friends are involved in an accident, crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com