Even Old Cars Can Get New Recalls
Michael Babboni
Recalls
Usually when we talk about product or vehicle recalls, we normally think about new products that have just been released to the market. That’s not much of a surprise, since it can take some time and actual usage “in the field” before some product defects make themselves known. Newer products obviously have less time being used than older products and so may be more vulnerable to these defects not being known until after quite some time in general release.However, it’s not all that unusual for older products to sometimes be discovered, years later, to have a flaw that can present a danger to the owners of these products. We’re seeing that now with BMW. Earlier in May, the National Highway Traffic Safety Administration—or NHTSA—released a recall, in conjunction with BMW, for certain lines of cars from over 10 years ago.
Defective Latches
It’s now been found that BMW vehicles in the series 745I, 745LI, 750I, 750LI,760LI and B7 Alpina between the years 2005 and 2008, as well as the 760I from 2006-2008 all have a similar design flaw. Vehicles in these lines that come equipped with Comfort Access and Soft Close Automatic options may appear to be closed and latched, but in reality, they aren’t.
This means that it’s possible for these vehicles to be in operation, on the road, and suddenly have the doors swing open, or, in the event of some kind of impact, open the door, causing further possible damage during a mishap. If the doors open during operation, it may be possible for people who aren’t wearing seatbelts to be ejected from the vehicle.
If you have one of these models of BMW cars, you are instructed to call the NHTSA hotline at 1-888-327-4236, or call BMW customer service at 1-800-525-7417, or email these organizations to notify them of your possession of one of these vehicles.
It’s Not Just Others On The Road
Negligence from others on the road is something that most drivers are familiar with. It’s not hard to look around in Florida and see other people in their vehicles not even paying attention to the road, focused on whatever social media they are reading on their phone. So when an accident occurs because of someone’s distracted driving, it’s easy to see how a personal injury case based on negligence would be relevant here. Someone else caused an accident with their inattentiveness while driving, and they should be held responsible.
But product recalls draw attention to the fact that sometimes accidents occur not because of what other drivers have done, but because of what the car manufacturers have done, or, in some cases, failed to do.
In this particular case, BMW is doing the responsible thing, even years after the fact, and notifying both the public and relevant safety organizations that there is a problem with their vehicle. However, if they had decided to remain silent and it became quickly clear that this was a widespread problem, there would be large, negative legal ramifications.
If you are operating a vehicle exactly as recommended by the manufacturer, and, through no fault of your own, you sustain an injury because of a product defect, that is also a personal injury acquired due to negligence, though this time from the manufacturer of your vehicle, not others on the road.
An Advocate In Your Corner
This is where personal injury lawyers can also play a valuable role. Hypothetically, if you owned a BMW 745I from 2006, and you found, much to your horror, that your partner in the passenger side of the car was injured by the door when opened unexpectedly while driving, and then shut on your partner’s limbs during a turn, this is obviously not your fault, nor your partner’s fault. In this case, the latch, even though it appeared to have shut the door, and informed the car itself that the door was shut, wasn’t.
Because that manufacturing defect resulted in the injury of a vehicle occupant without the driver or passenger doing anything unusual, the vehicle operators and passengers are safely in the clear of being at fault for this incident. If other drivers or even police officers on the road at the time have video footage of the door suddenly swinging open, that’s even more evidence that can be used in court.
Such incidents should not go unanswered, and this is one of the reasons why a personal injury lawyer in St. Petersburg can be a valuable ally for setting the record straight. If you get injured because a product that you bought and used in good faith didn’t function in the way that was intended, that product defect is the responsibility of the manufacturer, and so is any injury sustained because of it. A personal injury lawyer can help ensuring that justice is carried out against the manufacturer responsible.