Defects that give rise to seller, supplier and manufacturer liability are categorized by 3 types of defects: (1) manufacturing defects; (2) design defects; and (3) failure to warn defects.

(1) Manufacturing Defects:

• • These defects involve errors or contamination that occur during the product’s production.  These affect a specific number of units or batches of a product rather than the entire product line.
  • For example, if a vehicle was assembled with the incorrect component parts, that vehicle is defective.

(2) Design Defects:

• • These defects occur when the actual design of the product is faulty; meaning the defect exists before the product is manufactured.  These affect the entire product line rather than a single unit or batch.
  • For example, if a vehicle was designed top heavy, it is likely to flip over during sharp turns rendering that vehicle defective.

(3) Failure to Warn Defects:

• • These defects occur when a manufacturer, distributor or retailer fails to provide adequate warnings on a product about known or potential risks.
  • For example, if a manufacturer knew of dangers associated with one of its vehicles and failed to warn users and consumers of said danger, the vehicle may be defective.

A recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat or tire creates an unreasonable safety risk or fails to meet minimum safety standards.

A recall becomes necessary when a motor vehicle, equipment or component part does not comply with Federal Motor Vehicle Safety Standards OR when there is a safety-related defect in the vehicle, equipment or component part.

If a recall is issued, manufacturers are required to fix the problem by repairing it, replacing it or offering a refund.

• Airbags. Airbags provide protection to vehicle occupants by limiting crash forces and protecting occupants from contacting the vehicle’s hard surfaces.  Airbags are intended to improve occupant safety, but can cause injuries where there are errors in their deployment.  Common airbag defects include:
  • Failing to deploy;
  • Deploying unexpectedly (when the vehicle is not involved in a crash);
  • Debris being ejected along with the airbag;
  • Cuts or tears in the airbag;
  • Deploying with excessive force; and
  • The manufacturer failing to install airbags.
• Fuel Systems. There are several defects associated with fuel systems.  Whether the defect is one of manufacturing or design, a fuel system defect can result in dangerous gas or fuel leaks, as well as explosions that often severely injure and/or kill the vehicle’s occupants.  Common fuel system defects include:
  • Faulty fuel pump or injector;
  • Inadequate materials for connecting fuel tanks;
  • Inadequate materials for fuel lines, making them susceptible to breaking and/or eroding;
  • Poor welding or installation, which heightens the risk of rupture;
  • Incorrect placement of fuel tanks and lines; and
  • Lacking a cut-off device to fault the flow of gas.
• Seatbelts. The occupant restraint system, including the seatbelt, is a key safety feature in any vehicle.  It is well established that seat belts are effective in minimizing injuries during a crash, which is why most states have a seatbelt law in effect.  However, seatbelts only protect a vehicle’s occupants during crashes when they work correctly.  Defective seatbelts are often useless in a crash, oftentimes resulting in the vehicle’s occupants receiving debilitating or fatal injuries.  Common seatbelt defects include:
  • Seatbelts may release on impact;
  • Latches may not hold;
  • Seatbelts can unspool, leaving no tension to hold the occupant in place;
  • Seatbelts can fail to protect occupants of certain sizes, specifically, smaller occupants.  Children and small adults oftentimes find the seatbelt not fitting their bodies in the way it is intended; and
  • Faulty material used for webbing.
• Roof Crush. The frame of a vehicle should be structured in such a way to offer protection to its occupants in the event of a rollover.  However, many vehicles on the roads have a weak roof structure, making its occupants susceptible to debilitating and/or fatal injuries in the event of a rollover.