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Product Defects | Learn How Driving Defective GM Vehicles Could be Putting Your Life in Jeopardy

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What would be an acceptable amount of time for a car manufacturer to have not taken action about a defect if it led to the death or injury of your loved one?

A defective products is defined by BusinessDictionary.com as a commercially produced and distributed good that is 1) unfit for its intended use, 2) dangerous or harmful for normal use, 3) does not carry adequate instructions for its use, or 4) is inherently dangerous due to defective design, assembly, or manufacture.

It now appears the faulty ignition switches in some General Motor (GM) vehicles were defective and this has caused the recall of approximately 2.6 million vehicles.  What is less clear is why the NHTSA or GM did not taken action before now to remedy this very dangerous problem.

The most disturbing aspect of the recent General Motor (GM) vehicle recall is how long the defect was allegedly known without any action being taken.  According to reports, GM knew about the issues affecting more than 2 million cars as early as 2005.GM defective cars on Georgia roads

GM has begun shipping parts to car dealers in the U.S. to repair the defective ignition switches for 1.4 million small cars and are planning on further action in May to repair some of the other affected vehicles. Car manufacturers are supposed to make vehicles that are safe but sometimes company profit margins cause them to ignore possibly deadly defects.

One of the tragedies that led to the recent recall of approximately 2 million GM vehicles by the NHTSA was the accident that left 17-year-old Megan Phillips with a traumatic brain injury along with other injuries.  Two of the Megan’s friends in the car did not survive the accident that caused Megan’s injuries.  At least 12 other accidents have been linked to the product defects in GM vehicles so far.

There are at least 55 lawsuits resulting from the accidents and injuries caused by the GM vehicle defects and there will likely be many more in the near future.  Additionally, an SEC probe has been opened over GM’s handling of the defect. 

There are many complicated legal theories regarding liability (which deals with who is at fault) in defective motor vehicle claims.  For example, breach of express warranties is a theory that involves the violation of a “written warranty or guarantee.”   Another theory deals with breach of implied warranties, which don’t necessarily involve an express warranty: Georgia is one such state in which this theory can possibly be used in your claim.  Finally, strict products liability is another theory that may be used in Georgia defective motor vehicle claims, although there are several things that must be shown for a claim that uses this theory to be successful. 

Since the recent recall, GM’s profits have fallen 85% according to the New York Times.  Ironically, car manufacturers drive for profits are the same reason why they sometimes ignore possibly deadly defects. Car manufactures knowingly selling dangerous vehicles with defective parts is why it is so important that the people who are harmed by these defects must have legal recourse against the manufacturer of the defective vehicle.

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1.  http://www.businessdictionary.com/definition/defective-product.html
2.  http://www.reuters.com/article/2014/04/22/us-gm-recall-lawsuit-idUSBREA3L08H20140422
3.  http://www.nhtsa.gov/
4.  http://www.gm.com/
5.  http://www.npr.org/2014/03/31/297312252/the-long-road-to-gms-ignition-switch-recall
6.  http://wardsauto.com/auto-makers/gm-starts-shipping-parts-fix-defective-small-car-ignition-systems
7.  http://www.npr.org/2014/03/31/297312252/the-long-road-to-gms-ignition-switch-recall
8.  http://www.usatoday.com/story/money/cars/2014/04/24/gm-sec-switch-recall-probe/8112469/
9.  http://www.reuters.com/article/2014/04/24/us-gm-recall-investigation-idUSBREA3N1YU20140424
10.  http://www.nolo.com/legal-encyclopedia/product-liability-claims-defective-cars-29648-2.html
11.  http://www2.law.mercer.edu/lawreview/getfile.cfm?file=58119.pdf
12.  http://www.nytimes.com/2014/04/25/business/general-motors-net-income-falls-85.html?_r=0
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Sam has a long history of local ties to middle Georgia. He was born and reared in Marshallville, Macon County, Georgia, in a family associated with theorigin of today’s Peach industry. Sam earned his B.S. degree in Ocean Engineering at the United States Naval Academy and was commissioned in the U.S. Navy in 1993. After completing the Navy’s nuclear power training program, he served aboard a fast attack nuclear submarine as a naval Submarine Warfare Officer and was certified by the Naval Reactors Division of the U.S. Department of Energy as a Nuclear Engineer. In the Navy, Sam maintained a Top Secret – SCI security clearance and circumnavigated theworld during his tour of duty, successfully completing missions vital to U.S. national security, before beginning his legal career in 2002. Sam holds his Juris Doctor from theNorman Adrian Wiggins School of Lawat Campbell University in Raleigh, North Carolina. Sam’s practice is now devoted to representing the rights of the injured, the families of deceased victims, and a select number of other clients in litigation. He has repeatedly served as lead counsel in jury trials resulting in six and seven figure verdicts, numerous bench trials, hearings, and motions. He has been recognized as one of the top young lawyers in Georgia and named a Georgia Rising Star by Atlanta Magazine and the Super Lawyers™ publication in 2009 and 2010 (only 2.5% of the total lawyers in Georgia are listed as a Rising Star). Sam has also received the "AV" Preeminant Rating by Martindale Hubble, the highest attorney rating for demonstrated skill, professionalism and ethics. Sam is married and has three children. He is one of the founding members of the practice.

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Guest Wednesday, 22 November 2017