AUTOMOBILE RECALL CAMPAIGNS: PROPOSALS FOR LEGISLATIVE AND JUDICIAL RESPONSES

The evidentiary issues are examined concerning the admissibility and use of motor vehicle recall letters and related documents, as well as no findings, of the National Highway Traffic Safety Administration (NHTSA) in product liability litigation. Based on an analysis of legal decisions and the practical problems involved, it is concluded that justice requires that NHTSA and the judiciary take into account a manufacturer's compliance with Federal recall and defect investigation determinations. It is advocated that the National Traffic and Motor Vehicle Safety Act of 1966 be amended to provide benefits to a manufacturer concomitant with the duties imposed. The courts must also recognize their power to permit a viable defense premised upon a manufacturer's compliance with its statutory and common law duties and an owner's failure to comply with his common law duties. In the absence of prompt legislative action, the judiciary must also act to limit admission of recall notification letters to cases in which the facts establish the relevance of such evidence. Admissibility should be limited to the question of whether an established defect existed at the time of manufacture and sale of the subject vehicle. Both the legislative and judicial systems must refocus their attention to the limited value of a recall notification and to consider the value of a no finding by the Office of Defects Investigation.