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Products Liability Section // by C. Richard Newsome and William C. Ourand
From the FJA Journal Issue #583, March/April 2015
Post-Sale Negligence Claims in Florida Motor Vehicle Defect Cases
Imagine this: an automotive manufacturer learns about several incidents involving its vehicles which have resulted in catastrophic injuries and multiple deaths. Further investigation confirms that these incidents were caused by a dangerous defect that made the vehicles unsafe. Despite learning about the defect, the company sits on its hands and delays sending notice to either vehicle owners or the National Highway Traffic Safety Administration (“NHTSA”). Then, once the company finally gets around to sending notice, the company fails to make sure the notice adequately discloses the danger or even reaches the vehicle owners. Finally, the company fails to follow-up to make sure the defective vehicles have actually been repaired.