Thousands of people die yearly because of carbon monoxide poisoning as a result of the misuse of their cars – such as keeping the car running while in an enclosed area. Whereas misuse of a car does not normally engage the fault of the manufacturer, a defect in the making of a car can.
It is for this reason that General Motors has recently decided to issue two recalls. In the first instance, about 64,000 Chevrolet Volts (a hybrid car) are being recalled in order to install a software update to limit the length of time that the vehicle can be left idle when turned on.
According to an article in Automative News in which GM described the issue, carbon monoxide can build up if the hybrid car is plugged in while left idle in electric mode. This causes the drainage of the battery, which in turn causes the gasoline engine to turn on. Carbon monoxide is released if the gasoline engine runs for a long period of time within an enclosed space such as a garage.
In the second instance, GM has stopped deliveries of the 2015 Chevrolet Trax and Buick Encore small crossovers for a pending safety recall in order to fix a potential loss of electric power steering. A GM spokesman said about 2,300 of the crossovers are subject to the stop-delivery order.
According to an article quoting a GM memorandum on the issue, “In some of the crossovers, the steering column assembly housing may touch against the power steering printed circuit board. This contact could eventually cause enough wear on the power steering printed circuit board to cause a sudden loss of power steering assist making it more difficult to steer and increasing the risk of a crash.”
GM is currently cooperating with its supplier in order to obtain the parts required to remedy the problem. Dealers will be asked to inspect and possibly replace the steering column assembly, according to the memo.
Legally, the customer has a vested trust in the product purchased from the manufacturer. This is called a fiduciary duty. Likewise, the manufacturer has a common law duty to deliver a safe product to the consumer. However, when a manufacturer is aware of a problem with its product, it also has a duty to rectify the problem and/or issue a recall.
For safety reasons, these recalls are necessary because faulty cars can cause accidents.
The recall benefits the insurance company because it can avoid having to dole out money in settlements and litigation fees resulting from costly motor vehicle collisions. The recall benefits the driver in the sense that they will not have to contact a law firm and pursue costly litigation for accident benefits, tort and disability claims. By issuing a recall, the manufacturer protects themselves from a possible law suit arising from an unsafe vehicle. Most importantly, the recall keeps the driver and others safe – both in the car and on the road. In effect, a recall benefits everyone.
Before buying a car, you should know your rights and obligations. Always check to see that the car that you wish to buy is not subject to any recalls or manufacturing defects. More information can be found on the Consumer Protection Ontario and Ministry of Government and Consumer Services websites.
