In recent years, General Motors (GM) has faced multiple product liability lawsuits across the United States, including in Florida, due to alleged brake system failures that may be linked to software communication errors. These defects have reportedly led to serious accidents and injuries, raising significant concerns about vehicle safety and manufacturer accountability.
Understanding the Issue: Brake System Failures and Software Defects
Modern vehicles rely heavily on electronic systems to manage critical functions, including braking. In certain GM models, software communication failures between components such as the brake control module and other electronic systems have been alleged to cause braking malfunctions. Such failures can result in delayed braking response or complete brake failure, increasing the risk of accidents.
For instance, a class-action lawsuit filed in Delaware federal court—Kerr et al. v. General Motors LLC—alleges that 2020–2024 Chevrolet Equinox and GMC Terrain vehicles suffer from such defects. The plaintiffs claim that GM breached express warranties and violated the Magnuson-Moss Warranty Act by selling vehicles with defective brake systems.
Florida's Product Liability Laws and Consumer Protections
Florida law provides robust protections for consumers harmed by defective products. Under strict liability principles, a manufacturer can be held liable if a product is found to be defective and causes injury, regardless of whether the manufacturer was negligent. Defects can be categorized as design defects, manufacturing defects, or marketing defects (such as failure to warn).
In the context of GM's alleged brake system failures, if it can be demonstrated that the braking defect was present at the time the vehicle left GM's control and that this defect directly caused an accident or injury, GM could be held liable under Florida's product liability laws.
Steps to Take if Affected
If you own or lease a GM vehicle and have experienced braking issues causing injury, consider the following steps:
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Document the Issue: Keep detailed records of any incidents, repairs, or communications related to the braking problem. Take photos and/or video of the property damage and injuries.
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Consult a Legal Professional: Speak with an attorney experienced in product liability law to assess your situation and determine if you have a viable claim.
- Preserve Evidence: Preserve the vehicle after the accident so that your lawyer can inspect the vehicle. Do not modify or make repairs to the vehicle until after consulting a lawyer.
Conclusion
The allegations against General Motors regarding brake system failures highlight the critical importance of vehicle safety and manufacturer responsibility. Florida's product liability laws are designed to protect consumers from such defects and provide avenues for recourse. If you believe you've been affected by a similar issue, it's essential to seek legal advice to understand your rights and options.
Have you or someone you know been injured as a result of a braking failure? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
