Lemon Law for California

Build Dates : January 01, 2005 - February 28, 2005

NHTSA CAMPAIGN ID Number : 05V055000

Date Owner’s Notified: 20050222
Date Received by ODI: 20050214
Date Added to Databse: 20050215

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05023

Component: POWER TRAIN:MANUAL TRANSMISSION:SHIFT PATTERN INDICATOR
Potential Number Of Units Affected : 7194

Summary: 

Certain sport utility vehicles equipped with an automatic transmission, fail to comply with the requirements of federal motor vehicle safety standard no. 102, “transmission shift lever sequence, starter interlock and transmission braking effect.” under certain vehicle starting conditions, the shift lever position indicator located in the instrument panel cluster may not illuminate. If the shift lever position indicator does not illuminate, the driver may not know which gear the vehicle is in.

Consequence: 

The vehicle may move in an unintended direction resulting in possible injury to others outside of the vehicle.

Remedy: 

Dealers will reprogram the instrument panel cluster free of charge. The recall began on february 14, 2005. 

Auto manufacturers are aware, through their own testing as well as available research, that there are safety concerns associated with certain design features of their vehicles. For instance, the higher center of gravity in many SUVs renders them more likely to roll over in the event of a corrective or evasive maneuver, or in an accident. Additionally, weak roof, roof pillar and door structures that fail to maintain their integrity in a collision can result in roof crush or intrusion into the passenger compartment, causing serious and fatal injuries to even belted occupants. Inadequate seat, seatbelt and airbag designs can also result in failures that increase injuries in the event of an accident.

The serious head and spinal cord injuries that occur as a result of automotive design and manufacturing defects often require a lifetime of medical treatment as well as compensation for lost earnings. Economic losses resulting from such injuries are frequently in the millions of dollars. Product defect cases against auto manufacturers are complex and costly to pursue, and require extraordinary legal and technical expertise.

Product liability refers to a broad area of the law that is designed to allow those who have been injured, or who have suffered from other damages or loss as a result of a product’s malfunction, to seek compensation.

Three types of product defects incur liability in manufacturers and suppliers, including design defects, manufacturing defects, and marketing defects:

Design defects: This is the case where a product imperfection occurs when the seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a result of not using the alternative, the product is not reasonably safe. A hidden defect is like it, in that the product imperfection is not obvious by reasonable inspection but where the seller is still generally liable if the flaw causes harm. A manufacturing defect is an imperfection in a product that departs from its intended design even though all possible care was exercised in its assembly and marketing. A marketing defect is a failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use.

The manufacturer of the product is responsible for damages for the failure to adequately warn of a potential risk of harm that is known or should have been known about a product. The failure to adequately instruct the user about how to use a product safely is the manufacturer’s responsibility.

The products you purchase from stores are manufactured with an implicit guarantee that the product is in good condition, without defects, and is safe for the consumer to use if done so within its intended guidelines and limits. Any product manufactured in a negligent manner that is then sold, given, or even loaned to an individual without that person’s knowledge makes the manufacturer liable.

Product liability is the legal responsibility of any party along the chain of manufacture of a product for damages caused by that product. Liable parties include a product’s manufacturers, then, as well as its suppliers. Products with defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of product’s liability suits.