According to recent news reports Hyundai Canada has recently plead guilty to 6 recall-related criminal charges. In their announcement, Transport Canada confirmed that Hyundai Canada entered guilty pleas to 6 different criminal charges for violating the Motor Vehicle Safety Act.
According to Transport Canada, Hyundai Canada failed to send out recall notices for six different defects within the requisite 60 days of having identified said defects.
On their website Hyundai Canada confirms that they have “recalled more than 110,000 vehicles to address a manufacturing issue that could lead to engine failure and in certain circumstances an engine fire.”[1] Further, Hyundai Canada notes that “while the majority of incidents among affected vehicles are limited to engine knocking, there have been instances of stalling, meaning the engine may stop running while the vehicle is being driven.”[2]
It is obvious that if a vehicle’s engine fails while it is being driven it could likely lead to an accident. However, one might question whether one could recover for their injuries from such an accident given that British Columbia now has a no-fault injury regime for injuries arising out of motor vehicle use or operation. Indeed, would an individual injured by a product failure like one described by Hyundai Canada have recourse in the courts in British Columbia?
Fortunately, the answer is likely yes, given the no-fault legislation carved out an exception for claims that arise due to product liability. If you or someone you know is injured by a faulty engine or any other product please contact us to discuss whether or not you may have a claim.
[1] See: Hyundai Engine Recall Information | Hyundai Canada (hyundaiengineinfo.ca)
[2] Ibid
This is provided as information ONLY; it should NOT be construed as legal advice. You should consult with a lawyer to provide you with specific advice for your own situation.
