Car accidents may not always be caused by hazardous weather conditions, terrible driving, or distractions. Some of the accidents are caused by defective automotive products. Automobile defects can range from faulty brakes to bad engine parts and other issues. In some cases, the defect may lie with the automobile’s keyless fob.
What is a Keyless Fob?
A keyless fob is a security system installed on vehicles. The small device has a built-in authentication mechanism that allows the owner to access to their vehicles without the use of a physical key. They are typically attached to physical keys and can sometimes be manually overridden with the use of a physical key. They are however designed to minimize the use of physical keys in unlocking and starting the car.
Is the Keyless Fob a Subject of Lawsuits?
As of 2015, various class action lawsuits are pending against several automakers such as Nissan, Toyota, BMW, and Hyundai Motors regarding an alleged flaw in the keyless technology. For instance, some defective keyless fobs may not shut the engine off properly.
A reasonable driver would expect the system to shut off the car’s engine when the keyless fob is properly removed from the area, just as an engine would stop running when a physical key is removed from the ignition. Other defects include:
- Issues with the car’s locking mechanisms;
- Lack of safety mechanisms to automatically shut off the engine; and/or
- Battery issues.
Some legal claims allege that people have died of carbon monoxide poisoning due to the system not turning off the engine. The cars were left running in the owners’ garages at the time of their deaths, generating enough carbon monoxide to kill them.
Carbon monoxide is a type of chemical gas released when materials and fuels combust. The chemical can cause loss of consciousness, dizziness, and death.
Why Do Plaintiffs Claim the Keyless Fob is Defective?
A defective product is a type of product that causes injury to an individual because of a failure to warn of a danger (warning defect), a design defect, or defective manufacturing. Plaintiffs in the keyless fob class action lawsuits claim the automakers failed to properly warn the device did not have an automatic shut off.
They also allege the defendants failed to inform drivers about the danger of the carbon monoxide if the engine was shut off manually.
Legal remedies for these types of issues and injuries may depend on the exact details of each claim. Remedies will typically include a damages award to help the injured party recover medical expenses and other financial losses.
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Do I Need a Lawyer for a Keyless Fob Lawsuit?
If you faced an injury due to a defect or failure of the product and not through any fault of your own, then you may have a legal claim involving a keyless fob defect. If so, you may want to talk to a personal injury lawyer about your legal options. An attorney in your area can provide you with the representation and advice needed for your case.