Oklahoma Blog: Defective Products and Recalls

Theory One - Toyota Did Not Know About the Defective Accelerator Pedals

One theory that could be used in claims against Toyota would deal with the situation where Toyota did not know about the accelerator problem.  While this evidence would seem to favor Toyota, in reality it will not serve as any sort of shield from liability.  The law generally states that there is no difference made if the defendant did not know about the defective products, but rather the question is whether Toyota should have known that its accelerator pedals were defective.  If courts find that the company should have had knowledge of this problem, it's likely that liability will attach to Toyota if someone is injured in an accident and files a lawsuit for damages.

Theory Two - Toyota Did Know About the Defective Accelerator Pedals

The second situation that could arise is that Toyota did in fact know that these accelerator pedals were defective.  Evidence uncovered in the Congressional hearings regarding Toyota indicate that internal company documents boast of the potential for $100 million in savings by avoiding a more expensive and expansive recall.  If someone is injured in an accident and brings a legal claim against Toyota based on this theory, a victorious plaintiff could wind up being awarded special or punitive damages if Toyota knowingly allowed these defective vehicles to make their way to consumers.

Basically, the issue of intent in regards to the defective Toyota models will only work against the auto maker.  If you or someone you love has been harmed as a result of driving a defective Toyota, you need to contact the Toyota recall lawyers at the law firm of Atkins & Markoff as soon as possible to schedule a free initial consultation.

 

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