The most important 2 issues on why you should take action NOW or file a lawsuit against General Motors regarding this latest ignition recall are as follows:
#1) The General Motors Bailout: A key issue in this litigation is whether the "new" General Motors which emerged from bankruptcy protection in July 2009, can be held liable for products made by the "old" GM. This will all depend on how the restructuring of the deal that General Motors made. Read a few snippets of articles we have pasted below to realize how important it is to get your General Motors Recall lawsuit filed as soon as possible.
This from FoxBusiness.com
"How could General Motors shield itself from legal liabilities related to its recall of 1.6 million vehicles due to a safety defect that allegedly killed 13 people and caused 31 crashes? Use its 2009 government-orchestrated bankruptcy to inoculate itself."
Or in more positive news the Center for Auto Safety recently asked General Motors to waive it's post-bankruptcy immunity. In part that statement read:
"Cover losses of victims and families of safety defects whose claims have been extinguished by the bankruptcy or barred by statues of repose or limitations."
The Center of Auto Safety also stated that the "reported" 13 deaths that General Motors have acknowledged is just a "tip of the iceberg". There have been other reports that as many as 300 fatalities have occurred as a result of this General Motors Ignition defect. To which we remind there are depositions conducted in which GM employees admitted they were aware of the problems with the ignition switches in these GM products. According to these General Motors employees they were "replicate this phenomenon during test drives". So in fact General Motors knew that in certain situations keys could disengage from General Motors vehicles causing drivers to lose steering, brakes and air bags. Despite having these information in front of them General Motors closed the case on the ignition issue and concluded ""after consideration of the lead time required, cost and effectiveness of each of these solutions." Consumer Advocate Group "Public Citizen" commented on this recent information insinuating the reported General Motor Ignition deaths have been under reported. And in an insightful quote Public Citizen states
"If GM uses the bankruptcy and statutes of limitation and repose as defenses, the victims and taxpayers will have to pay the cost. … Don't you think in your heart of hearts that it is cruel and unfair to use those defenses to escape liability for a defect GM concealed and failed to remedy for 10 years?"
We could not agree with this statement more. If you have suffered from injuries from General Motors defect of any kind, please contact our lawyers to ensure you gain your rightful compensation.
#2) Statute of Limitations on GM Ignition Lawsuits: There are reports that Statutes of Limitations limits may be a factor in submitting claims and lawsuits against General Motors. The key argument is that GM is a different legal "entity" than the one that filed the 2009 bankruptcy that shocked the U.S. economy. There have already been lawsuits filed in this GM Recall litigation that have asked that this provision be waived by the corporation. General Motors has actively declined comment on this factor of the litigation and pleaded that "taking care of the customer" is there highest priority. This despite claims that their neglect in "taking care of the customer" might have resulted in over 300 deaths. A key factor in this ongoing General Motors Recall litigation will be the "successor liability" which may determine how much GM could be liable for actions of the company before it emerged from bankruptcy.
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