Showing posts with label automotive defect lawyer. Show all posts
Showing posts with label automotive defect lawyer. Show all posts

Wednesday, April 3, 2013

Older Fords can suddenly speed up

A multistate lawsuit filed Thursday says 2002-10 Ford Motor vehicles contain a "design defect" in the electronic control of the gas pedals, making them susceptible to sudden, unintended acceleration.

The lawsuit filed on behalf of Ford owners in 14 states is seeking class-action status and goes into great detail about the alleged defect in the models named in the lawsuit that don't have brake override technology. That technology stops the car if both the brake and the gas pedal are activated at the same time. Ford began installing it, known as "brake over accelerator," in all vehicles it makes in 2010.

"For too long, Ford has put its own financial interests ahead of its consumers' safety," says Chicago-based attorney Adam Levitt, one of the lawyers leading the litigation. "We hope this lawsuit sheds light on this important situation and requires Ford to correct its ways, compensate its customers and put them first."

Attorneys for the plaintiffs are seeking compensatory damages for the lost value of the affected cars -- the difference between what they paid for the cars vs. the value of the defective vehicles. The lawsuit also asks Ford to "fix the problem."

Lawyers involved in the case told USA TODAY in late March that most Ford owners probably don't realize their cars could take off on their own.

The lawsuit was filed in the U.S. District Court for the southern district of West Virginia. It cites a 2011 report by the Transportation Department's inspector general that showed Ford had the same number of deaths and injuries from these electronic throttle controls as Toyota: 374 from 2003 through 2009. Ford had 22% of all complaints of unintended acceleration during that period, more than any of the other major auto manufacturers, the report said.

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Source: USA Today (O'Donell, 3/28)

Wednesday, January 16, 2013

Electric Cars Recalled for Parking-Brake Problem

Polaris Industries is recalling certain 2010 to 2013 vehicles from its Global Electric Motorcars or GEM unit because their parking brakes might fail, allowing the cars to roll away after being parked.

The 4,394 electric cars affected by the recall include GEM E2, E2 XLD, E2L, E2S, E4, E4S, ELXD EL E6, E6S and ES models built from Jan. 14, 2010, through Nov. 23, 2012. On these vehicles the parking brake has mechanical parts that may wear prematurely and prevent the brake from engaging.

If the parking brake doesn’t engage properly, the car could roll away from its parking space, possibly causing injuries or colliding with another vehicle or other obstacles.

Under the recall Polaris, which also builds motorcycles, snowmobiles and watercraft, will notify owners and its dealers will replace the parking brake lever assembly free of charge. The recall is expected to begin February 4. Owners may contact Polaris customer service at 888-704-5290.

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Source: The Wall Street Journal (AP, 1/14)

Monday, October 15, 2012

Gov't to warn motorists about counterfeit air bags

WASHINGTON (AP) — The Obama administration is preparing to warn car owners whose air bags have been replaced in the past three years that dangerous counterfeit bags may have been installed, according to auto industry officials who have been briefed by the government.

The National Highway Traffic Safety Administration alerted the industry in a series of telephone briefings Tuesday that tens of thousands of car owners may be driving vehicles with counterfeit air bags, industry officials said. NHTSA testing has shown some of the counterfeit bags don't inflate or fail to inflate properly, they said. In at least one case, a counterfeit bag fired shards of plastic and other projectiles on impact, they said.

The officials requested that their names not be used because NHTSA had asked them not to speak publicly about the problem until after an announcement scheduled for Wednesday.

NHTSA will ask car owners to check a government website, Safercar.gov, or call their manufacturer or local dealership to learn if their vehicle model is among those for which counterfeit air bags have been made, officials said.

No deaths or injuries have been tied to the counterfeit bags, but it's unclear whether police accident investigators would be able to identify a counterfeit bag from a genuine one, officials said.

The agency has compiled a draft list of dozens of vehicle makes and models for which counterfeit air bags may be available. NHTSA cautions at the top of the draft that the agency "expects this list to evolve over time."

If the car is on the list and has had its air bags replaced during the past three years by a repair shop other than a new car dealership owners will be asked to bring the vehicle into a dealership to determine whether the replaced air bags are counterfeit. Fees for checking out air bags could run $100 or more, industry officials said. Some types of cars have as many as eight air bags.

The counterfeit bags typically have been made to look like air bags made by automakers and usually include a manufacturer's logo. Government investigators believe many of the bags come from China, an industry official said.

The bags are marketed to auto body shops as the real deal, officials said. Auto dealerships that operate their own body shops are usually required by their franchise agreements to buy their parts, including air bags, directly from automakers and therefore are unlikely to have installed counterfeit bags, officials said.

But only 37 percent of auto dealers have their own body shops, according to information on the National Association of Automobile Dealers' website. Many consumers whose vehicles have been damaged are referred by their insurance companies to auto body shops that aren't affiliated with an automaker.

Consumers who bought replacement air bags online will also be urged to check NHTSA's list.

A wide variety of counterfeit auto parts has long been a well-known problem, industry officials said. But recent incidents have escalated concern by government officials. In August, federal agents confiscated nearly 1,600 counterfeit air bags and arrested a North Carolina auto mechanic, according to a report by the Charlotte Observer. The mechanic was tied by federal officials to another counterfeit air bag case last year in Tennessee, the report said.

Last February, Dai Zhensong, a Chinese citizen, pleaded guilty and was sentenced in federal court in Chattanooga, Tenn., to 37 months in prison for trafficking in counterfeit air bags, according to a statement made at the time by the U.S. Attorney's Office.

Zhensong was a part owner and manager of the international department of Guangzhou Auto Parts, which made a variety of auto parts, many of which were counterfeit, the statement said. In 2010, he traveled from China to Chattanooga to sell additional counterfeit air bags and other auto parts. The counterfeit air bags were manufactured by purchasing genuine auto air bags that were torn down and used to produce molds to manufacture the counterfeit bags. Trademark emblems were purchased through Honda, Toyota, Audi, BMW and other dealerships located in China and affixed to the counterfeit air bags. The air bags were advertised on the Guangzhou Auto Parts website and sold for approximately $50 to $70 each, far below the value of an authentic air bag, the statement said.

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source: Associated Press (Lowy, 10/10)