How are problems with recalled vehicles or equipment remedied?
By: LawInfo
Once a safety-defect determination is made, the law gives the manufacturer three options for correcting the defect – repair, replacement, or refund. In the case of a vehicle recall, the manufacturer may choose to repair the vehicle at no charge; replace the vehicle with an identical or similar vehicle; or refund the purchase price in full, minus a reasonable allowance for depreciation. In the case of equipment, including tires and child safety seats, the manufacturer may either repair or replace the affected equipment at no charge to the consumer.
In addition, if a vehicle owner or passenger was injured as a result of a defect in the vehicle, the manufacturer may be subject to a lawsuit for the resulting damages.
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Additional Toyota Brake Pad Recall FAQs
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Q:
What legal rights does someone have if they've been injured in a car accident with a car that has been recalled?
A: In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the … More -
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What is a Toyota motor vehicle defect?
A: A motor vehicle can be defective in one of three ways. Specifically, a motor vehicle is defective if: (1) there was a manufacturing defect – a part of the … More -
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What does 'duty' mean in a lawsuit for injuries?
A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing … More -
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How do I file a safety complaint about a defective Toyota?
A: The Office of Defects Investigation (ODI) is an office within the National Highway Traffic Safety Administration (NHTSA) respondible for conducting defect … More -
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What is 'strict liability'?
A: Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted … More -
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Can I sue if I'm hurt in an accident caused by a defect in my Toyota?
A: Yes, you can sue if your accident was caused by a defect in your Toyota. Your lawsuit would be filed under a product liability theory of law in state … More -
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How do you know if you have a personal injury claim?
A: First off, in order to proceed with a personal injury claim, you must demonstrate that you have been injured. This may be a physical injury or it may be an emotional … More -
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What should I do if I'm hurt in an accident caused by a defective acceleration in my Toyota?
A: If your Toyota unexpectedly accelerates and you are unable to prevent the acceleration by removing your foot from the gas pedal and putting your foot on the brake … More -
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Can consumers bring class actions relating to products or services?
A: Absolutely. There have been many successful class actions brought by consumers. Signs of consumer fraud include: Misrepresentations regarding a product or a service. … More -
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Am I at fault for an accident if it happened because my brakes failed on my Toyota?
A: You are not at fault if your negligence did not cause the accident. In other words, if you acted like a reasonable person would act in the situation and could not … More
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