Safety of Toyota Vehicles Comes Into Question

The United States government will begin an inquiry into allegations of braking problems in the 2010 model of Toyota’s popular Prius hybrid vehicle, according to the New York Times. This news comes just days after a large recall of other Toyota models was announced. The recall, which affects a number of models including the very popular Camry, is aimed at correcting an acceleration problem that has been described alternately as both a “sticking accelerator pedal” and a “surging acceleration problem.” Several recent tragic deaths have been blamed on Toyota vehicles (including Lexus models) that spontaneously accelerate and are difficult or impossible to slow down before causing a collision.

There has been some concern that Toyota did not act quickly enough to warn drivers and make arrangements for correcting the accelerator problem. Now, with the possibility of another significant safety problem, the braking system in the Prius – loyal Toyota customers and the public at large seem to be wondering what has gone wrong with a company previously world-renowned for safety, reliability, and quality.

Manufacturers of products have a duty to make sure that their products are safe for use. When someone is harmed by a defective product, he or she can bring a products liability lawsuit against the manufacturer. Monetary damages may be recoverable for physical injuries, emotional distress, and associated economic losses, such as medical bills and lost wages. In some cases, a victim may be able to recover punitive damages, if the manufacturer acted with complete disregard for the safety of consumers.

Products liability claims can be made in several ways, including on the basis of design defects, manufacturing defects, or failure to warn. A design defect means that there is some inherent flaw in the design of a product that makes it dangerously defective. With a design defect, every product manufactured according to that design is similarly flawed and, therefore, similarly defectively dangerous. Generally, if the foreseeable risk of harm exceeds the benefits of the design, the product is defectively designed. Manufacturing defects occur when there is some error or mistake made during the manufacturing process that causes one of the products or one batch of the products to be dangerously defective.

Manufacturers have a duty to warn consumers of foreseeable, non-obvious risks associated with the use (or foreseeable misuse) of a product. Not only must products contain a warning about these risks, but the warning must be adequate and in some cases must include instructions for safe use. Where a manufacturer or supplier fails to provide adequate warnings or instructions, an injured consumer can bring a products liability claim to recover money damages for his or her injuries and pain and suffering, as well as resulting economic losses.

Products liability claims can help restore the rights of victims of defective products. These lawsuits can also force manufacturers to improve the safety of their products over time. If you or a loved one has been injured in a motor vehicle accident, contact Fisher & Talwar for immediate assistance.