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car recalled, Illinois product liability lawyerIn recent years, the number of cars recalled has increased. The recalls range from small issues, such as a mislabeled sticker or when a durability test found that a spring wears out prematurely, to large recalls, like Takata airbags that can possibly explode and spray shrapnel in the driver’s or passenger’s face, causing serious injury or death. When there is a defect with a vehicle, product, or one part of a vehicle, it is a product liability. The manufacturer is responsible for fixing the defect and compensating the affected parties.

A recall can start one of two ways: the manufacturer initiates the recall voluntarily or the National Highway Traffic Safety Administration (NHTSA) orders the manufacturer to recall a vehicle. Recalls are initiated when there is a safety related defect in the vehicle or a piece of equipment in the vehicle or when the vehicle or a piece of equipment does not meet federal standards.

Safety defects are defined in the United States Code for Motor Vehicle Safety as any problem that exists or arises in a vehicle or in equipment in the vehicle that creates a safety problem, exists or arises in a group of vehicles from the same design or manufacturer, or in a piece of equipment in a group of vehicles. The BMW motorcycles and Honda recalls are examples of safety-related recalls. BMW recalled over 40,000 motorcycles due to a defect in the rear wheel flange that can cause the back tire to come off. Honda knew about the Takata airbag defect but did not notify consumers in a timely manner, which resulted in several deaths.

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