While 2014 has seen a record number of recalls for vehicles with identified defects, there no guarantee that vehicle owners will heed the recall and come in for repairs. One of the reasons for this is what is being called ‘recall fatigue’, where there have been so many recalls that vehicle owners either don’t take them seriously or are simply tired of going to the dealer for repairs.
Not every vehicle involved in a recall will have the defect. Just because there is a recall does not mean that the problem is present in every vehicle make and model identified by the dealer. However, the recall is a way to alert owners to potential problems, and prevent breakdowns or accidents. While automakers have a duty to report known defects, owners also have to respond to the offer of repair or will take the risk that their vehicle is one of those affected.
How Recall Fatigue Could Affect Liability for Accidents
When a vehicle owner does not bring in their car for repairs in a recall, it brings up the question of how this may affect any claim for liability when an accident occurs. If a manufacturer has identified the problem, and communicated directly with the owner then it could possibly affect liability if the recalled issue were to cause an accident. The issue is the nature of the communication, and whether the owner received notice of the recall.
A simple public notice would probably not be sufficient, and the recall should be communicated through the mail, email or telephone. Some dealers will contact customers directly, to make sure they know about the problem. If the recall issue is communicated in clear terms, with an urgent request to come in for repairs, then the automaker has fulfilled some part of its duty to warn of defects.
Of course, this does not absolve the automaker completely of responsibility for their defective product on the market, but it does place some measure of fault on the owner if they are unwilling to make the repairs. However, in some cases, the parts are not available or it is difficult to arrange for repairs, but the owner must make some attempt to have the defect corrected. And if an accident occurs before a defect can be repaired, then the automaker is still potentially liable.
A good example of this is the recent recall of airbags by Honda for the defective inflator. Honda does not have enough replacement airbags for customers at this point, so the owners have no choice but to drive with the defective airbag in their cars. Any accident and injuries would still be the fault of Honda and the airbag manufacturer since there is no way to correct the defect and protect customer safety.
It is no wonder that consumers have recall fatigue when even widely known defects and risks cannot be quickly corrected. If they are told they have to wait, they will simple forget about it and assume that it must not be as urgent as they thought.