Expert Lawyer Says Case Highlights Importance Of Effective Product Recalls

Vauxhall showed “a reckless disregard for safety” in letting customers continue to drive Zafira cars after a fire risk had been identified, according to a group of MPs.

The Transport Select Committee said it was “morally reprehensible” for the car manufacturer to not have warned drivers sooner about the fault, which was first noted in a Zafira B car in 2009.

In 2014, Vauxhall began internal observations into a pattern in reported fires – but the company did not launch an investigation into the issue until August 2015.

The fires originated behind the Zafira B’s glove box in the heating and ventilation system. The model is subject to an ongoing product recall.

The issue first came to public prominence via a Facebook group for Zafira drivers affected by fires, launched in October 2015. That same month, the BBC’s Watchdog programme covered the issue, and a complaint was made to the Driver and Vehicle Standards Agency (DVSA).

Following their August 2015 investigation, Vauxhall launched a recall of the Zafira B in December 2015. In February 2016 the company was informed of a fire in a vehicle that had been recalled and repaired, but they failed to launch a second recall until 19 May 2016.

In their report into the issue, the Transport Select Committee criticised Vauxhall’s slow response to the problem. The committee was particularly scathing about the fact that Vauxhall let people continue to drive vehicles that had been recalled and returned to the owners, despite the company being aware that they could still catch fire.

Louise Ellman, chair of the committee, said: “Vauxhall’s decision to continue to let people drive affected cars amounts to a reckless disregard for safety. This is particularly damning given its admission that it should have notified customers earlier. In the absence of any explanation for its tardy response from the witnesses that appeared before us we can only conclude that commercial considerations and the need to avoid reputational damage were put ahead of safety; this is unacceptable and morally reprehensible.”

Vauxhall said there were “lessons to be learned” from the case, and that it had altered its recall process “to ensure we complete recalls swiftly and minimise customer inconvenience.”

Tim Annett is a Partner at Irwin Mitchell in the law firm’s product liability team. He said:

Expert Opinion

“Whenever we buy a vehicle, we are putting our trust in the manufacturer – we expect them to have carried out the necessary tests and made sure the vehicle is safe to drive. When problems do occur, manufacturers should ensure customers are informed quickly and appropriate steps are taken to ensure their safety.

“The Vauxhall Zafira recall highlights the need for more effective product recalls. Consumer safety is paramount and the comments of the Transport Select Committee indicate that Vauxhall should have done more.” Tim Annett - Partner

The law applying to defective vehicles and products is very complicated, and can leave those affected with no clear right of redress. In response to this, Irwin Mitchell has launched its Safety As Standard campaign to highlight how the current legal system leaves consumers at risk.

As the UK’s largest personal injury firm, we are fighting for reform of existing product liability law; working with charities, consumer agencies and retailers to help raise standards; and campaigning to educate our clients and the general public about the risks of defective products and the consumer rights available to those affected by them.

Read more here about the work of our product liability experts and how they can help you if you have been affected by defective vehicles or products.