BY AGOSTINHO RIBEIRO
Attorney Agostinho Ribeiro, CEO of Danbury-based Ventura, Ribeiro & Smith, has represented claimants in numerous national pharmaceutical and product defect actions as well as victims of 9/11 and the BP oil spill. Regarding GM, he has co-founded a national litigation team, including top trial lawyers from across the country. His thoughts:
GM has recently recalled up to 1.6 million vehicles sold in the U.S. after announcing the vehicles have a serious defect in their ignition switches. When the ignition switch fails in an affected vehicle, it causes the engine, electrical system and air bags to shut off while the vehicle is still in motion. This defect, which renders the vehicle essentially uncontrollable, can result in a serious crash.
Despite learning of problems with the ignition switch as early as 2001 and issuing internal notices to its dealers as early as 2005, GM and government safety regulators failed to inform the public of this issue until February. It is now being implicated in up to 300 deaths and many other serious injuries.
As The Wall Street Journal reported on March 24, GM engineering managers knew about ignition-switch problems in the 2005 Cobalt before the vehicle was even released. They launched the car in spite of this knowledge, believing the vehicles could be safely coasted off the road after a stall, according to a lawsuit recently filed involving an accident due to this defect. Based on the recent number of reported injuries, GM”™s claim that “as long as the vehicle can still be controlled without power, the vehicle is still safe” doesn”™t seem to ring true.
U.S. Sen. Richard Blumenthal, D-Conn., a member of the Senate Commerce Committee, has publicly spoken out about the need for those affected to be compensated as a result of GM”™s actions. Frequently asked questions that I am hearing include:
What is this recall about?
A defect in the ignition switch in up to 1.6 million GM cars could cause the electrical system and engine to shut off, disable the airbags and turn off power in the vehicle while in motion. This could cause the vehicle to become uncontrollable and result in a crash.
Which vehicles are involved?
We know the following vehicles have this defect: 2005-07 Chevrolet Cobalt, 2006-07 Chevrolet HHR, 2005-06 Pontiac Pursuit, 2006””07 Pontiac Solstice, 2005-07 Pontiac G5, 2003-07 Saturn Ion and 2007 Saturn Sky.
What are the rights of people who were affected by the recall?
If you are an owner of an affected vehicle without any injuries, you may be able to recover monetary damages as part of a consumer class, including damages for the loss of value to your vehicle, the cost of repairs, the loss of use of the vehicle if it was out of service for a time, and other incidental damages. If you are an injured party, you have a right to seek damages for past and future physical pain and impairment, along with past and future medical and hospital expenses. All individuals may have the opportunity to recover punitive damages if it is proven that GM”™s conduct was egregious, willful and wanton.
How long has this problem existed?
GM learned of problems with the ignition switch as early as 2001, but has only recently taken action to inform the public of the hazards of these defects. GM, like all automakers, has a legal duty to produce cars that are safe and to promptly report and actively correct defects in its vehicles. Due to its failure to take action, it is estimated that more than 300 deaths and many injuries have occurred.
What if I was involved in an incident with one of these vehicles years ago? Is it too late for me to pursue a claim?
Because there is evidence that GM concealed the nature and the extent of the defect, people still may have a right to recover damages, even if you suffered losses years ago. But as there may be time limits involved, you should seek legal advice as soon as possible.
Wouldn”™t people who have suffered injuries in car crashes already have filed a claim against GM if the airbag had not deployed or a car lost control?
No. Without these revelations, it would have been nearly impossible for one person to take on the company. The benefits of being involved in a consumer class action are having an attorney represent your claim against a large auto manufacturer.
Ribeiro”™s office is Ventura, Ribeiro & Smith, 235 Main St., Danbury. He can be reached at aribeiro@vrslaw.com or 203-791-9040.
This company exhibited total lack of regard for human life, and instead put profits before people. They should be prosecuted to the fullest extent of the law, and then some. Hit them hard in the wallet to exceed their profits on these defective cars. But even that won’t bring back the dead, will it?