Recalls are not uncommon today; although usually manufactures put their products through stringent testing to ensure nothing can go wrong, there are occasions when something important is missed. So how about sticking accelerator pedals – that important enough for you?
According to sources form the BBC (source) Toyota has announced another recall on top of its already growing list, after it has been found that certain models pedal mechanism is becoming warn; sometimes to the extent of the pedal getting stuck! So far the recall has only been announced in the US, and it is currently unknown if any other countries have been affected.
According to the report, the models affected include 2009-2010 RAV4, the 2009-2010 Corolla, the 2009-2010 Matrix, the 2005-2010 Avalon, the 2007-2010 Camry, the 2010 Highlander, the 2007-2010 Tundra, and the 2008-2010 Sequioia.
The car giants have advised that “in rare instances” the models affected are subject to the pedal to “mechanically stick(ing) in a partially depressed position or return slowly to the idle position”. Back in October, Toyta reportedly recalled 4.2 million US models because the pedal mechanism was becoming lodged under floor mats; it is claimed however that the two defects are unrelated.
In August last year, 690,000 models in China were recalled due to faulty electric window switches. It appears that Toyota is having more than just the odd mechanical problem given these numerous recalls; so where does this leave the consumer?
Well, manufacturers have a significant duty of care to ensure that their products can not cause the users to come to harm. Failing this is breach of contract under the Sale of Goods & Services Act 1982, (See source for further information) and the manufacturer and / or the providers are liable for any injuries caused as a result.
The recalls are evidently important given the nature of the defect; it’s clear it could potentially lead to a serious accident if the accelerator mechanism fails to operate safely. So if you are a Toyota owner, it is strongly advised that you look in to whether your model is affected. Please click here (source) for more in depth information on what to do. As stated above the recall so far is only in the US, but there is of course the potential that other countries are affected.
In road traffic accidents, most good solicitors as part of the process of pursuing a claim on behalf of the injured party will look in to vehicle defects as the cause of the accident. In most road traffic accidents the blame genuinely lies with the driver; but in some cases, let’s say for example a Toyota driver fails to stop in time and collides with the rear of another vehicle because the accelerator pedal became stuck, the driver is of course not at fault. In this instance, the manufacturers and / or suppliers of the vehicle are at fault given that the defect in a manufacturing one! The claim therefore would be against the vehicle manufacturers and / or the suppliers.
If you have had an accident due to a defect with a product you have purchased (say for example a vehicle defect inherent from manufacturing), then you are eligible to make a claim for compensation. Speak to an expert independent personal injury solicitor today for the best and honest advice on how to claim!
