Submitting your car for a recall does not preclude you from suing for negligence. According to some General Motors (GM) SUV owners, a 2015 recall did not adequately address a defect in their rear door liftgates. Now they are filing a class action lawsuit against GM and asking for remuneration for a defect that causes the automatic rear door to close suddenly from an open position. This presents a significant danger to anyone standing in the door’s pathway.
2015 Recall Inadequate
GM recalled the affected cars in 2015 to remedy the rear door liftgate malfunction. But plaintiffs say the recall was limited and did not address the issue. The recall reprogrammed the software that controls the door opening and closing, but the defect was not remedied by upgrading the door software. Rather, the power liftgates are supported by struts that wear prematurely because dirt and debris weaken the seal on the cylinder. This enables pressurized gas to escape, which means that the struts release air quickly and cause the door to fall on anyone in the path of the liftgate.
The plaintiffs want to see GM adequately fix the problem. This would involve replacing the struts and then updating the software that operates the door.
Class Action Claims
The plaintiffs believe they should be compensated for GM’s deceptive and fraudulent conduct and failure to disclose. They claim that GM was aware of the defect, but failed to notify owners about the problem. GM allegedly issued several Technical Service Bulletins in 2010 to dealers about the power liftgate defect and did nothing to inform consumers. Three other auto manufacturers initiated recalls for defective liftgate struts supplied by Stabiles, Inc., the same supplier used by GM. Those recalls took place back in 2006. Therefore, GM should have been aware of the defect affecting the struts prior to the 2015 recall.
Even more so, GM acknowledged in its recall notice that the struts were defective. But GM would only replace the struts if they malfunctioned in the midst of the recall or 90 days afterward. Also, the GM recall applied only to four car models even though the automaker knew that other models had the same defects with their struts.
If you or a member of your family was injured in an accident related to a defective part, contact Alexander Law Group, LLC. Our exceptional personal injury lawyers will be sure you get the maximum compensation possible. Call 888.777.1776, or contact us online.