A Georgia couple, the Meltons, who lost their daughter in a fatal car crash due to a faulty ignition switch and who settled with General Motors Co (GM) last year, have filed a new lawsuit against the automaker claiming that the company fraudulently concealed evidence and allowed a company representative to lie under oath about the facts of the case. The couple claim that they would not have settled their lawsuit had they known the truth about critical evidence that was concealed, and that a representative of the company committed perjury by failing to disclose critical information about the defects.
In order to undo the settlement the Melton’s will have to convince a Judge that they were intentionally misled or defrauded by GM. A GM spokesman said in an emailed statement that the company, “denies the assertion that GM fraudulently concealed relevant and critical facts in connection with the Melton matter.” The case is Melton et al v. General Motors, State Court of Cobb County, Georgia, No. 14A1197-4.
This case follows our claim that it has been shown that companies continuously place products in the market place that are not safe. The defective switch that is the subject matter of this lawsuit is prone to being jostled into accessory mode while the cars are moving, shutting off engines and disabling power steering, power brakes and airbags. The problem has been linked to at least 13 deaths, and GM is facing dozens of lawsuits over the faulty ignition switch that has led to the recall of some 2.6 million vehicles. The Melton’s are arguing, in part, that the company knew of the defect and failed to disclose this during negotiations.
GM isn’t the only company under heat for releasing products to the public that are not properly tested for safety. It has been stated recently that the people who buy Porsches and other high-end vehicles have to take the manufacturer’s word on questions of safety, yet these vehicles usually don’t have an accepted measure of crash safety. The recent death of movie star Paul Walker illustrates this point, and his wife is filing a lawsuit against Porche alleging the vehicle did not have the proper crash protection, such as a properly functioning crash cage, and a proper racing fuel cell.
The latter, the suit alleges, would have prevented the fire. Further, the suit alleges that Porsche Cars North American Inc. was aware of the dangers the vehicle presented and never took any measures to increase safety or notify owners of the dangers.
It is amazing that companies put products on the market that are unsafe when the law in Georgia that governs Product Liability, O.C.G.A. Section 51-1-11, clearly states in pertinent part that, “the manufacturer of a product is strictly liable for injuries caused by a defect in a product that existed at the time of manufacture.” Georgia Law, O.C.G.A. Section 51-1-11(b), further expands the liability of the manufacturer if the manufacturer places a product on the market to the public where such product is reasonably certain to place life and limb in peril when negligently made as the manufacturer has a duty to make said product safely.
To protect yourself and your family, you may subscribe on the Consumer of Product Safety Commission’s website so you are notified of recalls immediately as they happen by email.
If you or a loved one have been injured or killed by a defective product, then please Contact Us at 770-865-8654, (813) 363-6664, by email at juliericelaw@outlook.com, or Contact Us on the form on this blog or on our website for your free legal consultation today. It is our goal to protect you from defective products as well as keep defective products out of the market place, and hold the manufacturers of the same responsible if said defective products are placed in the market place.