Toyota and jammed the gas pedal: Such shortcomings should return companies in any case under the rug. Source: Reuters
DUSSELDORF. Since when knowing Toyota by clamping accelerators? Customers complain that the Japanese car maker to have concealed the defects too long. Toyota were not alone: For fear of loss of reputation and high recall costs companies time and again trying to turn dangerous product defects under the rug.
Tobias Bomsdorf, can be considered a specialist product liability lawyer at CMS Hasche Sigle, before such a complaint only warn that "decision-makers to know the dangerous product to cover up mistakes and risking criminal consequences." Especially in cases of death may even threaten imprisonment. Bomsdorf: "Management or engineers responsible – they are all, unless they are involved in the decision making process, in person a duty to promptly correct the hazard." Say: warning rework or replace them.
Unlike small companies, manufacturers or importers often do not know what specific steps they must take, if any non safety defects. Under Section five of the Equipment and Product Safety Act companies are required to immediately notify the market surveillance – such as the inspectorate or www.rueckrufe.de since September 2009 and the FIU.
Often, this happens because of ignorance or for fear of regulatory sanctions but does not complain to the Federal Institute for Occupational Safety and Health (BAuA). For hazardous products authorities can obtain a ban on sales. The tarnish the image, ultimately, more than a voluntary recall.
The fact is: "What we see in the media about dangerous products, is just the tip of the iceberg," says Bomsdorf. And this despite Baua have risen dramatically, according to the reports of product failure in recent years. Usually the public only learns of defective vehicles or consumer goods – such as children’s chairs or tilting notebook batteries overheating.
Largely in secret to play from product defects in the B2B sector, which also can have serious consequences. Bomsdorf: "A faulty component in a machine can cause a fire in an industrial area." Alerts or recalls usually directly reach business customers. Buyers of used some are more difficult to identify.
Buyers of consumer products, however, are rarely known by name. Basically, the manufacturer must do everything we can to inform as many people as possible about the dangerous product. Bomsdorf knows the cardinal error callbacks: a channel or a series is being forgotten, or the company can not narrow in what products they have installed the faulty parts and must recalls the entire production.
Very often originate the defective parts from suppliers. Here is: Who has the design responsibility to adhere as usual in the auto industry needs. The fault lies solely with the supplier, this is liable. The problem: Since the liability is limited can not often cover the manufacturer’s recall, white Bomsdorf. Manufacturers can take out insurance with a product recall costs. But that is often capped, has high deductibles or extremely expensive premiums.
The alpha and omega of product defects: act fast. Incurred damage because companies late Callback, you can expensive mistake. On Toyota rolled in the U.S. to an action wave.
Tags: product failure, product safety act, cms hasche sigle, product liability lawyer, market surveillance, defective vehicles, notebook batteries, occupational safety and health, b2b sector, criminal consequences