Articles Posted in Defective Products

With ABC’s hit drama “Scandal” returning this week, it would be appropriate to discuss the latest automaker’s scandal. And if you know anything about scandals, it is not the deception or act; it is the cover-up that gets people in trouble. Because of this, it is probably best to admit when you have done something wrong before it morphs into a full fledged scandal.

For executives at Volkswagen Motors, making a public mea culpa (which is embarrassing enough) may be the least of their worries. According to several media reports, the company had for years used technologies to fool emissions standards testing systems using an algorithm that could detect when a car was being tested. Essentially, when the cars would be tested, they would change their performance to meet emissions standards. However, when on the road, the cars would emit nearly 40 times the limit of nitrogen oxides. 

The long standing deception will eventually cost the company millions in fines. However, the costs to customers for recalling defective cars could be substantial. It is estimated that more than 480,000 Volkswagens will have to be brought in to be serviced, if they can be at all. It also remains to be seen whether complaints about asthma and other respiratory problems due to increased levels of omissions will lead to products liability complaints.

As we near the end of August, it is common for dealerships to advertise steep discounts for prior model year vehicles in an attempt to make room for new cars as they are introduced by automakers. This year is no different. As Chrysler dealerships make room for 2016 Chrysler 200 models, 2015 models will generate a discount, and sales of the prior model will expectedly go up.

 However, the 2015 models are not without their flaws. According to recent media reports, Chrysler-Fiat will recall more than 85,000 new Chrysler 200’s because of an electrical problem that could cause the cars to stall unexpectedly. Essentially, the car could suddenly shift from drive to neutral or the engine could shut down by itself. 

Chrysler-Fiat maintains that the problem was based on a supplier’s post production tests and that it will honor any repair request based on the recall. So far, the company does not know of any accidents or injuries based on the electrical defect.

City landmarks are cherished venues, and they have a knack for standing the test of time. However, sometimes landmarks can succumb to disasters; as did an iconic restaurant in Oswego. According to a Syracuse.com report, Wade’s Diner was severely damaged by a fire last night. The popular restaurant had been serving customers for more than 75 years.

The diner had opened for business on Monday morning and had closed at noon. When firefighters responded, they had to cut a hole in the roof so that the heat and smoke could escape so that they could control the fire.

Fortunately, no one was hurt. 

With the number of recalls being initiated this year, it is expected that mechanical items such as tires, brakes and acceleration systems could be recalled for adjustments or replacements. It would not be expected that the glass that allows  drivers to see could also lead to their undoing.

According to a recent ABC News.com report, there has been an increasing incidence of sunroofs shattering unexpectedly. Some sunroofs have failed while a driver is heading down the freeway. Others have broken while the driver is at a stop sign. Because the reasons for failure have been so varied, and not necessarily because of an object hitting the glass, the National Highway Traffic Safety Administration has launched an investigation. 

The NHTSA has indicated that it would be reviewing incidents involving Kia Sorrentos. The Administration indicates that it has received nearly 400 complaints of sunroofs spontaneously cracking and breaking. As of this report, neither the car company nor federal regulators have learned of the specific reasons behind this problem. A recall has not yet been issued, and no major injuries or deaths have been reported.

If there is one thing, besides your engine, that it is wise to maintain during the summer driving season, it is your tires. Often overlooked, tires provide the ability for cars to maneuver around hazards and stay on the road in inclement weather. For the most part, tires are fairly reliable. But when they are compromised, either because of excessive wear or design defects, the results can be catastrophic.

This is likely the reason behind the recall of nearly 90,000 tires manufactured by Hercules Tire & Rubber Company. The recall was initiated after the National Highway Traffic Safety Administration was informed that the Hercules tires were similar to another tire that was recalled last fall because of problems with tread separation. 

As such, the Ohio-based company agreed to recall their tires, specifically 15 and 16 inch models, so that the potentially defective tires can be replaced with updated models that do not have the separation issue. The recall is scheduled to start in August.

Makeup advertisements are supposed to be alluring. They are designed to give the consumer the impression that they will become just as beautiful as the people they see on the screen. This is where lighting angles and clever wording becomes important in the commercial or the magazine ad.

Because of this, it is not surprising that many advertisements are not telling  the truth about what their products can do. As a matter of fact, a new study published in the Journal of Global Fashion Marketing found that fewer than 20 percent of all claims made in cosmetics advertisements are actually true. 

Researchers reviewed more than 275 advertisements in popular fashion magazines, including Vogue, Glamour and Marie Claire that featured makeup products, nail polishes and fragrances that included phrases such as “clinically proven” or “dermatologically tested.”

If it seems like we are picking on Fiat Chrysler in our last few posts, we certainly are not. However, the embattled automaker has been in the news for its many failures to correct mechanical and structural issues that have led the National Highway Traffic Safety Administration to levy a record fine against the company.

But that is not the only thing keeping Fiat Chrysler in the news. In a prior post we highlighted the potential danger of automobiles being hacked by unauthorized users. While this may seem highly unlikely and more like science fiction, a recent article published by tech magazine Wired, suggests that being hacked could actually happen.

Essentially, the article highlighted how hackers took control of a Jeep Cherokee while a person was driving. They were able to slow the car down and bring it to a stop, and then sending it into a ravine despite the driver’s pleas and attempts to prevent it.

While it may seem like there are fewer recalls this year compared to 2014, it is arguable that the final number will eclipse last year’s record. Part of this may be attributable to new technology that is being introduced, and not necessarily perfected for many uses. Also, the number of fines levied against automakers for failing to issue recalls could be a strong deterrent against complacency in correcting defects.

For those unfamiliar with the new trend of assessing fines against automakers, the National Highway Traffic Safety Administration has issued some of its heaviest fines over the last year. For example, General Motors was forced to pay a $35 million fine for its failure to address the ignition switch problem that led to millions of vehicles being recalled. Similarly, Honda was assessed a $70 million fine for its failure to inform consumers about the dangers of airbags manufactured by Takata. 

The latest fine assessed to Fiat Chrysler is the largest by far; $105 million. The announcement comes on the heels of a rare public hearing where the NHTSA detailed a litany of the company’s shortfalls in alerting consumers of recalls, failing to correct mechanical hazards in a timely manner and even failing to find solutions for existing problems; often leaving consumers left with no answers and no options.

Much has been said about the Takata airbag recall. It has been reported that nearly one in seven vehicles on the road in the United States could be potentially affected. This translates into more than 30 million cars, trucks and vans across the country. In light of the debate over who would be responsible for injuries stemming from potentially defective airbags, not much has been said about what makes them dangerous.

A recent article published in The Atlantic does a great job of describing this, and we will highlight it through this post. 

Essentially, the danger, and suspected defect can be traced to the chemical compound used to inflate the airbags that are supposed to protect a driver in the event of a crash. Prior to 2001, airbags were inflated by using tetrazole; but in 2002 Takata changed the compound to ammonium nitrate. Takata reportedly defended this change by saying it was “safe and effective for use in airbag inflators when properly engineered and manufactured.”