Vehicle manufacturers mass produce cars, trucks, sport utility vehicles, and motorcycles. Sometimes they produce these vehicles with automobile defects, and some of those defects can be safety issues, putting the lives of you, your loved ones, and everyone else on the road at risk. Once the manufacturer becomes aware of such issues, they issue car safety recalls. How do these defects and recalls impact you when you drive a vehicle that has one? How do they impact your claim when you have been hit by a car that has a defect and a recall? These questions and others may be answered by a consultation with an experienced New Hampshire personal injury attorney with Friedman & Bresaw, PLLC. Call (603) 707-4800 to schedule your appointment and learn more about your legal rights and options.
Examples of Manufacturer Liability
Automobile defects do not automatically mean the manufacturer is liable. For example, if a vehicle owner modifies the vehicle and causes the defect, the manufacturer may not be liable. They may also not be liable if a driver misuses the vehicle or continues to drive it after being made aware of a recall. However, there are three ways in which the manufacturer may be held liable for vehicle defects.
Safety Vs. Non-Safety Defects
First, it is important to recognize that there are two types of defects: safety and non-safety. Safety defects are those that affect the safe operation of the vehicle. These defects must be addressed by the manufacturer. They are required to notify vehicle owners and provide repairs or replacements for free.
Non-safety defects do not affect the safe operation of the vehicle. These defects might be cosmetic flaws, wear-and-tear items, or minor malfunctions. Examples of non-safety defects include air conditioning or radio problems, rust, excessive oil consumption, or paint issues. While these are not safety issues, and thus the manufacturer is not required to issue recalls, many manufacturers may still address them through warranty extensions, customer service campaigns or voluntary recalls. Non-safety defects can be the basis for a product liability claim against the manufacturer.
Three Ways Manufacturers May Be Liable
There are three ways a manufacturer may be liable for automobile defects, whether they are safety or non-safety defects. These ways are:
- Design Defects: Design defects occur when the vehicle is inherently unsafe or has an unreasonably dangerous design. With these defects, the vehicle or vehicle parts are properly manufactured, but the design flaws create the hazard.
- Manufacturing Defects: Manufacturing defects are typically errors made during the manufacturing or assembly process. These errors may be carelessness or they may be due to a machine defect or other problem. However, sometimes problems may happen during shipping or at an auto supply store or car dealership.
- Failure to Warn: Failure to warn, also known as a marketing defect, occurs when the product does not come with adequate instructions or warnings regarding use. In the case of a vehicle, this means failure to warn about the potential risks or dangers associated with driving the vehicle, including known hazards. For example, if the manufacturer knows there is a potential braking system issue and does not warn vehicle owners, this is a failure to warn defect.
Examples of Specific Defects That Are Safety Issues
Car safety recalls are issued specifically for vehicle flaws that interfere with safely operating the vehicle. This can include defects such as:
- Faulty airbags
- Tire defects
- Ignition system issues
- Brake system problems
- Steering malfunctions
- Engine issues
- Fuel system problems
- Child safety seat issues
These are not all the potential safety defects a vehicle can have. However, if an individual receives a safety recall for these or other vehicle defects, they should carefully review the notice to learn whether the vehicle can be driven before the repair or replacement is done.
New Hampshire Laws Addressing Automobile Defects
Fortunately, New Hampshire residents have several laws that protect them against these automobile defects. Between state and federal laws, there are at least four laws, plus two agencies, that consumers can use to hold car manufacturers liable for safety defects.
Federal Lemon Law
The Magnuson-Moss Warranty Act is a federal “lemon law.” Lemon laws are consumer protection laws that help buyers of new and sometimes used cars that turn out to be defective. The federal lemon law takes it a step further and protects consumers who purchase any product with a written warranty, which can include new and used vehicles. When a vehicle with a written warranty has defects that the manufacturer cannot repair after a reasonable number of attempts, or if the defect substantially impairs the vehicle’s use, safety, or value, this law allows consumers to pursue legal action against the manufacturer. They can seek remedies such as a full refund for the defective vehicle or a replacement vehicle. In addition to damages, this law also allows the consumer to recover attorney’s fees and other reasonable legal costs if their claim is successful.
New Hampshire’s Lemon Law
NH RSA § 357-D is New Hampshire’s lemon law. This law primarily covers new vehicles, but may also cover used vehicles if the defect occurs while the vehicle is still under the original manufacturer’s warranty, which may be two to five years, depending on the manufacturer. Under this law, consumers must allow the manufacturer a reasonable number of attempts to repair the vehicle. New Hampshire has defined a reasonable number of attempts to be three, after which the consumer can file for arbitration with the New Motor Vehicle Arbitration Board (MVAB). Arbitration will be set for approximately 40 days later, during which time the manufacturer has a final attempt to repair the vehicle. If they do so to the consumer’s satisfaction, the case is closed. If they do not, the case goes to arbitration, where a five-person panel reviews the case and may order the manufacturer to repurchase the vehicle and give the consumer a refund or replace the vehicle. If the consumer is successful, they may also be reimbursed for attorney’s fees and other reasonable legal costs.
Additionally, NH RSA § 357-D:12 specifically prohibits the resale of vehicles with “serious safety defects” deemed unsafe by a board. A serious safety defect is defined as a life-threatening non-conformity or malfunction that impedes a driver’s ability to control the vehicle or a defect that creates a fire or explosion risk. This law applies to manufacturers, their agents, or authorized dealers.
Product Liability Law
While the two previous laws protect any consumer against defective vehicles, regardless of whether there has been damage or injury as a result of such defects, product liability law offers consumers recourse when a product has resulted in personal injury, death, property damage, or other damage as a result of such defects. NH RSA § 507-D:2 provides consumers with as few as three years up to twelve years to file their product liability claim, depending on the circumstances. Individuals will want to move quickly to make it easier to gather evidence, including the safety recalls related to the defect, and to ensure their claim is not barred.
This law also allows the consumer to bring their claim based on one of three grounds:
- Negligence: The manufacturer was negligent, and that negligence caused the defect.
- Strict Liability: The defect existed, and the defect was responsible for the injury. Under strict liability, the manufacturer does not need to be negligent to be liable.
- Breach of Warranty: When the manufacturer made express or implied promises and the product does not meet those promises.
Unsafe Vehicle Act
The previous laws generally provide protections and options for consumers who have purchased new vehicles with defects. The Unsafe Vehicle Act is New Hampshire’s law to protect consumers who have purchased used vehicles with defects. NH RSA § 358-F:2 allows used car dealerships to sell vehicles that are unsafe and will not pass inspection as long as they provide the buyer with a notice that states the vehicle being sold is unsafe to operate and will not pass inspection, lists all the defects that must be corrected before an inspection sticker will be issued, and notes the date of the inspection and the name of the person who performed it. The buyer must acknowledge in writing that they understand these facts.
This means the car is being sold without a warranty, and the buyer has no legal recourse against the seller. Many people refer to this as a “buyer beware” or “as is” sale. Consumers should note that New Hampshire is phasing out vehicle inspections, which means the required notice may change or the law may change in other ways.
Agencies for Vehicle Safety
In addition to the various laws to protect consumers against automobile defects, there are two agencies consumers can contact with safety issues and complaints. The first is the National Highway Traffic Safety Administration (NHTSA), which allows consumers to check for car safety recalls related to their vehicle. The NHTSA also takes complaints regarding vehicle safety issues, which they will then investigate and, if deemed necessary, may issue a recall.
The second agency is the Consumer Protection and Antitrust Bureau (CPAB). This can be a state agency under the attorney general’s office or a federal agency under the Federal Trade Commission. The CPAB makes rules to ensure a fair marketplace, educates consumers, enforces laws, and handles investigations and litigation against companies and individuals suspected of violating consumer protection laws.
Who Issues Car Safety Recalls?
Car safety recalls can be initiated by the manufacturer or by the NHTSA. However, it does not matter who issues the recall, as the manufacturer is still liable. If the defect causes an accident, the consumer may still be able to pursue legal action against the manufacturer.
Additionally, while the intent of a safety recall is to repair or replace the affected vehicles or equipment and protect people on the roads, they can also be used as evidence of manufacturer liability. Therefore, if an individual has been in an accident and has a suspicion that their vehicle has a safety defect, they should first look to see if there is a related recall, and if there is, collect whatever evidence they can and speak with an attorney.
Can I Hold the Manufacturer Liable if the Vehicle That Hit Me Had Automobile Defects and Car Safety Recalls?
While many people are impacted by automobile defects when they receive a recall notice for their own vehicle, sometimes people are involved in a car accident when the other driver’s vehicle has a safety defect. When that happens, they wonder if they can hold the vehicle manufacturer liable. The short answer is yes; however, these matters are extremely complex and individuals in this situation should consider speaking with an attorney at Friedman & Bresaw, PLLC to learn more about their legal rights and options in these circumstances.
Manufacturer Liability
If someone has been hit by a driver whose car had a safety defect, the manufacturer may be held liable, whether there was a safety recall or not. However, to hold the manufacturer liable, the injured person must be able to prove that the defect directly caused or significantly contributed to the accident.
In this situation, the individual would not file a personal injury claim. This would be a matter of product liability law. The individual may be able to pursue their claim for either negligence or strict liability, depending on the details of the automobile defect and any car safety recalls associated with it.
Driver Liability
While a manufacturer may be liable due to the defect, the driver of the other vehicle may not be absolved of liability. If the driver was aware of a safety recall and failed to have it addressed, some liability may shift to the driver. However, the manufacturer would still also bear some liability. There are also other parties who may be liable. Therefore, while it is not legally required to hire an attorney, it is strongly recommended that individuals speak with one to ensure they have thoroughly explored all potentially liable parties that may be financially responsible for their injuries and property damage.
Potentially Liable Parties
While car manufacturers are often responsible for automobile defects and car safety recalls, there are other parties who may be liable. These parties can include:
- Automobile parts manufacturers: Vehicle manufacturers do not always make all of their own parts. In addition to original parts that may have come from another manufacturer, parts repaired, replaced, or otherwise changed after purchase may have been produced by a parts manufacturer unrelated to the original manufacturer of the vehicle. This parts manufacturer may be liable.
- New car dealerships: If a new car dealership is aware that the vehicle may have a defect, especially if there is a safety recall, they may be liable if they sell the vehicle anyway without warning the customer or addressing the defect.
- Used car dealerships: If a used car dealership violates New Hampshire’s Unsafe Vehicle Act and does not inform the customer of the vehicle’s defects before the sale, they may be liable.
- Shippers: If the shipper improperly loads the vehicles or otherwise damages the vehicles during transit, and this leads to a defect, the shipper may be liable.
- Automobile supply shops: Auto supply shops that sell vehicle parts, tools to work on them, and other supplies may be liable if they sell defective parts, tools that cause defects, or other supplies that contribute to a defect.
Potential Damages in Accidents Involving Vehicle Defects
If an individual is in an accident due to a vehicle safety defect, there are several damages they could potentially recover, whether it was their own car or the other driver’s car that had the defect. Potential damages include:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional suffering
- Mental anguish
New Hampshire does not allow punitive damages, but if the manufacturer or other liable party was grossly negligent or malicious, the individual may be awarded enhanced compensatory damages.
Important Considerations Regarding Vehicle Defects and Safety Recalls
Lawsuits regarding vehicle defects can be complicated enough, but when an accident occurs, they become even more complex. There are several additional considerations that individuals must be aware of when considering their options for legal action. Consulting with an attorney may help clear up confusion and provide a clear vision of the next steps the individual should take.
Check for Recalls Regularly
Individuals should regularly check for recalls for all vehicles they own. Recalls can be issued at any time for vehicles up to approximately fifteen years old, and it can take some time for a manufacturer to realize a defect is a serious issue that needs to be addressed. While many manufacturers send out notices in the mail or by email, these notices may not go to second and subsequent owners of a vehicle. If an original owner has moved or changed their name, they may also not receive these notices.
“Do Not Drive” Recalls
When checking for recalls, it is critical to thoroughly review the information available. Specifically, individuals should look for information regarding whether it is safe to drive the vehicle until the recall is repaired. Some safety recalls, while dangerous, still allow the person to drive the vehicle until the dealer can repair the defect. Others are so dangerous that the vehicle cannot be driven until the defect is repaired, and may even need to be towed to the dealership for the repair. If the recall says not to drive the vehicle, and the individual drives it anyway, partial liability may shift to the driver. This means that while the manufacturer will still bear some liability because they are responsible for the defect, the driver will also bear some liability because they were aware of the recall and chose to drive the vehicle anyway. This is another reason to do regular checks for recalls, as it may be difficult to prove the individual was not aware of the recall if it was already issued at the time of the accident.
Document Everything After an Accident
While it is always important to document as many details as possible and collect as much evidence as possible after an accident, it can be essential if a safety recall due to a vehicle defect may be responsible for the accident. Keep detailed records of everything, including details about the day’s weather, the location, traffic signs and signals, and other information about the accident specifically. Keep any recall notices about the vehicle and any records of attempted repairs related to those notices.
Seek a Personal Injury Attorney Who Specializes in Product Liability
While many personal injury attorneys specialize in car accidents or slips and falls, vehicle defects require the knowledge of one who specializes in product liability. An attorney who is familiar with car accidents and product liability may be particularly beneficial. These attorneys may be able to assist by helping the individual understand which laws would apply to their circumstances and explaining their legal options.
New Hampshire’s Fault Laws
New Hampshire is an at-fault state, which means the injured person must prove the other party is at fault, whether that is the other driver, the manufacturer, or both. Additionally, NH RSA § 507:7-d indicates that even if the injured party is partially liable for the accident, they can still recover damages as long as they are not more than 51% at fault. This is called comparative fault. If the injured party believes they may be partially liable, or has a police report indicating they are, and believes a vehicle defect also contributed to the accident, they may want to consult with an attorney to learn more about recovering damages and ensuring the appropriate party or parties is held liable.
Manufacturer Requirements for Safety Recalls
Car safety recalls may be issued for cars up to fifteen years old. This is because manufacturers are legally required to provide free repairs for safety recalls up to fifteen years from the date of sale to the first owner. This is why checking for recalls is critical, whether the individual is the car’s original owner or a second or subsequent owner. As a matter of both safety and cost savings for the vehicle owner, knowing when there is a recall on their vehicle due to safety is important.
Defects Repaired Before Car Safety Recalls Issued
While manufacturers may begin receiving complaints about defects, it may not be clear that there is a problem right away. The first few vehicles to have the issue, particularly if their complaints are far enough apart, may seem random. This means a consumer may pay for a repair that later has a recall issued. If this happens, the consumer may be able to get a refund from the manufacturer.
How a New Hampshire Personal Injury Attorney Can Assist You
Whether you have an issue with an automobile defect that the manufacturer cannot repair to your satisfaction, or have been in an accident involving a vehicle with a vehicle flaw, an experienced personal injury attorney specializing in product liability may be able to assist you in understanding who is liable, what your legal options are, and how any existing car safety recalls related to the car impact your case. Call Friedman & Bresaw, PLLC (603) 707-4800 to book a consultation and learn more.
