When a car company or the National Highway Traffic Safety Administration determines that a product creates an arbitrary risk to safety or comes short of meeting the minimum safety standards, the manufacturer is required to fix that product. This can be done by fixing it, replacing it, offering a refund (for equipment), or, in rare cases, repurchasing the car.
In the event of a recall, manufacturers will fix the car or equipment free of charge. Manufacturers are required to contact vehicle owners by mail within 60 days of notifying NHTSA of a recall decision. You can also register your car so you can receive NHTSA email notifications or alerts sent directly to your phone. It is very important to consult with an attorney right away if you have been injured due to a defective airbag in a car accident.
Nissan Recalled Models
The mushrooming airbag inflator recall has also forced Nissan to issue a recall at the end of October 2014 with new notices that currently include 694,626 potentially affected vehicles. This recent recall targets owners in the following areas: Miami, Puerto Rico, limited areas near the Gulf of Mexico in Texas, Alabama, Georgia, Mississippi, and Louisiana, as well as Guam, Saipan, American Samoa, Virgin Islands, and Hawaii. A defect report from Nissan explains that the manufacturer began looking into a potential issue back in June 2014 after GM recalled vehicles for a similar problem.
Nissan plans to call back nearly 2,000 Infiniti QX56 luxury SUVs because of concerns about airbag ruptures. Other potentially affected Nissan models include:
- 2001-2003 Nissan Maxima
- 2001-2004 Nissan Pathfinder
- 2002-2004 Nissan Sentra
- 2001-2004 Infiniti, the I30/I35
- 2002-2003 Infiniti, the QX4
- 2003-2005 Infiniti FX35/FX45
- 2013 Infiniti QX56
- 2014 Infiniti QX80
Liability for Accidents Involving Defective Airbags
Defective airbag cases can be very complicated so you should seek legal representation as early as possible following an accident or injury that involves defective airbags. An experienced lawyer can advise you of your rights and available solutions. It is still possible to establish legal claims against the manufacturers for airbag accidents and injuries related to airbag accidents, even if a vehicle manufacturer has considered all the safety standards. Also, plaintiffs in defective airbag cases do not need to prove negligence on the part of a dealership or manufacturer. According to Florida Statutes Section 860.146:
'It is unlawful for anyone to knowingly purchase, sell, or set up on any vehicle any fake airbag or junk-filled airbag compartment. Any person who violates this subsection can be charged a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.'
What Will The Law Offices of Sean M. Cleary Do for You?
Contact The Law Offices of Sean M. Cleary as soon as possible if you have been involved in an accident involving a defective airbag! We work with various specialists, technicians, accident reconstruction specialists, and others who are able to properly investigate the circumstances of your accident and establish whether there was a design or manufacturing defect involved.