Morris, Downing, Sherred LLP

Morris, Downing, Sherred LLP

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Review finds unrepaired safety issues in used cars for sale

Posted Oct 2, 2017

On behalf of Morris, Downing & Sherred, LLP posted in Products Liability on Monday, October 2, 2017.

Anyone in New Jersey who is in the market for a used car might want to keep alert for product recalls associated with some that are for sale. It is not illegal to sell cars with unaddressed safety recalls, and a r study turned up many such cars at a popular used car dealership’s locations in three states. Meanwhile, some lawmakers say that the new car sales ban on unrepaired safety recalls should extend to used cars as well.

Safety advocate groups including the Center for Auto Safety conducted research on used vehicles for sale at eight CarMax dealerships in three different states. Of about 1,700 vehicles they found that had recalls, 461 had not had the issues resolved. Forty-five of the CarMax vehicles had unrepaired recalls related to Takata airbags. The Takata airbag recall was the largest car recall in history.

CarMax stated that it includes recall information for every vehicle it lists on its website, and that all customers sign paperwork acknowledging that they are aware of open recalls on the vehicle they are buying. But the executive director of the Center for Auto safety says that making car buyers aware of recalls is not enough. Some lawmakers have pushed for a change to the law to make selling used vehicles with unrepaired recalls illegal. Democrats in Congress have tried to outlaw the practice, but automakers have fought back, arguing that such a law would cause their costs to rise and have a negative impact on used car values.

An injury from a defective product can happen at home, at work or in a car. Laws that govern products liability make product manufacturers or retailers responsible for making sure that their products are reasonably safe for consumers when used properly. Under products liability law, a manufacturer or retailer could be legally responsible for paying damages to someone who was harmed while using its product.

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