Subaru Unexpected Stalling
If you were injured in a Florida car accident resulting from a Subaru engine stall, you may be entitled to compensation for your injuries or the wrongful death of a loved one. For more information or for help setting up your claim, call Florida products liability attorney Jason Turchin today at 800-337-7755.
In 2012, Subaru launched an investigation upon discovering that certain parts of the engine and software may fail and cause the engine to stall. Six years later in 2018, Subaru finally issued two separate recalls that described defects which may cause the engine to stall without warning. Nearly 400,000 Subarus in total were determined to have potential defects that could result in an engine stall.
What’s Wrong With The Engine?
Both recalls acknowledge certain defects which may cause the engine to stall.
The first recall, which was issued in November 2018, states that a software programming error may cause the low fuel warning light not to illuminate when needed, and the display which indicates the number of miles that a driver on low fuel may travel, may show an inaccurate number of remaining miles when in fact the tank is empty.
If the fuel display is showing an inaccurate number of miles, and if the low fuel light never illuminates, the driver may not be aware that fuel is running low or empty. When fuel runs out, the engine may stall, and a car crash may be inevitable.
Almost 229,000 vehicles have been found to possibly have this defect. The named vehicles in this recall include:
- Subaru Legacy 2018
- Subaru Outback 2018
The second recall has been acknowledged by the Subaru, but not yet been issued to consumers as of January 1, 2019. The recall acknowledgment states that the valve springs inside the engine may fracture, which could result in an engine malfunction or a stall. It was further determined that a possible design defect causes excessive stress to the springs in vehicles equipped with improperly designed valve trains.
Subaru recalled nearly 229,000 vehicles known to have this possible design defect. Affected vehicles include:
- Subaru BRZ 2013
- Subaru Impreza 2012-2014
- Subaru XV Crosstrek 2013
- Scion FR-S 2013
The Manufacturer’s Obligation
People buy and drive cars under the assumption that they are safe. Accidents can happen to anyone and are sometimes hard to prevent due to road conditions, weather, or fault of other drivers. But a crash that could have been prevented if not for defective parts should never occur. No one would buy a car if they knew a defect may prevent them from knowing that the gas tank is empty or that the engine could suddenly stall.
Manufacturers like Subaru are obligated to exercise a duty of care to all consumers, meaning they must exercise reasonable care when building, marketing, or designing a product. Failing to keep consumers safe from harm caused by defective products or parts may result in a breach of this duty, and could establish a claim for negligence or strict liability.
To make a negligence claim against a manufacturer for a defect that causes the engine to stall, the plaintiff must show that the parts were improperly or carelessly manufactured or designed, and that a reasonable person in the manufacturer’s position should have foreseen that the defect could result in consumers getting hurt.
The plaintiff may also make a strict liability claim. Under this theory, the plaintiff need only show that the engine was defective, unreasonably dangerous, or had insufficient instructions or warnings. Negligence or fault of the manufacturer is not a requirement for strict liability.
Another theory the plaintiff could assert a claim under is breach of implied warranty, which is based on the consumer’s reasonable expectation that the vehicle is safe and will function properly. A reasonable person would not buy a car if he or she knew that it might unexpectedly stall or not warn the driver that fuel is running low.
Compensation For Injuries Caused By A Stalled Subaru
If you were injured in a crash caused when your Subaru stalled, get in touch with a Florida Products Liability Attorney who can fight to get you the compensation you deserve for your injuries. Our team of attorneys at the Law Offices of Jason Turchin have handled automotive product liability claims for many victims who have been hurt by automotive defects. We want to help you too. Call today for your free consultation at 800-337-7755 to get started on your Florida products liability claim.
For more information on the latest vehicle recalls, you can contact the NHTSA Vehicle Safety Hotline at 888-327-4236 or visit their website.
Inaccurate Fuel Display Recall: NHTSA Campaign # 18V773000
Engine Valve Spring Failure: NHTSA Campaign # 18V772000