Mercedes-Benz Recalls 290K SUVs – Brake Issue Recalls

Mercedes-Benz has issued a recall affecting more than 290,000 SUVs over concerns with the brakes. The issue has to do with braking components becoming damaged if they experience prolonged exposure to water. When moisture accumulates, corrosion can occur in the brake booster housing unit, which can lead to reduced brake performance or brake failure. As the vehicle develops this problem, the brakes may begin to hiss, have an airflow noise, or the driver may have to press harder on the pedal. 

What Models Were Recalled?

The following Mercedes-Benz models have been recalled: 

• 2007 Mercedes-Benz AMG R63
• 2007-2009 Mercedes-Benz GL320
• 2010-2012 Mercedes-Benz GL350 
• 2007-2012 Mercedes-Benz GL450 
• 2008-2012 Mercedes-Benz GL550
• 2007-2009 Mercedes-Benz ML320
• 2006-2011 Mercedes-Benz ML350
• 2010-2011 Mercedes-Benz ML450 
• 2006-2007 Mercedes-Benz ML500 
• 2008-2011 Mercedes-Benz ML550 
• 2007-2009 Mercedes-Benz R320 
• 2006-2007 Mercedes-Benz R500 
• 2007-2011 Mercedes-Benz AMG ML63 
• 2006-2012 Mercedes-Benz R350 
• 2008 Mercedes-Benz R550

Owners of these vehicles are advised not to drive them and to take them to a dealership as soon as possible. The brake booster housing unit will be inspected for advanced corrosion. If it passes inspection, no further repairs are needed, but if there is evidence of corrosion, an additional test will be completed. If the vehicle passes the additional test, the SUV can be driven for up to two years before needing repair. Whereas, if it fails, it will need a brake booster replacement. 

Do I Have Recourse If a Recall Caused an Accident or Injury?

If you were involved in an auto accident or suffered a personal injury because of a recalled defective vehicle or its part, you have the legal right to hold the manufacturer accountable. As a result, you can potentially recover compensation for your current and future medical bills, lost wages, diminished earning capacity, property damage, pain and suffering, and more.

Unlike other personal injury claims, you do not have to show that the manufacturer was negligent. Instead, vehicle manufacturers can be held liable under the legal doctrine of strict liability as long as the following elements are present: 

• The vehicle or a component was “unreasonably dangerous” and caused your injury. The defect was due to a flaw in the vehicle’s design, manufacturing, handling, or shipping or due to the manufacturer’s failure to warn of a dangerous aspect. 
• The defect was the direct cause of your injury, although the vehicle was being used as intended. 
• The vehicle had not been substantially changed to the point that it affected the vehicle’s performance. 

Although the manufacturer issued a recall, it does not mean they are automatically protected from liability for an accident caused by their dangerous product. They have a duty to make products that are safe for use. However, you will have the burden of proving the elements of a product liability case. 

What Types of Damages Can I Recover If My Car Has Been Recalled?

The following types of compensation are typically available in a successful product liability claim: 

Economic Damages

Compensation to cover the costs of any medical bills, lost wages, or property damage caused by the dangerous or defective product. 

Non-Economic Damages

Subjective losses such as pain and suffering, emotional distress, loss of companionship, loss of enjoyment of life, etc. 

Punitive Damages

Only awarded if the defendant (at-fault party) exhibited extreme negligence in manufacturing a seriously dangerous or defective product. 

What To Do If Your Car Has Been Recalled

If your car has been affected by a recall or if a product you have used has resulted in injury, it might be best to call an attorney in Philadelphia who specializes in product liability from Rosenbaum Injury Law. Call us today at (215)-569-0200 or contact us.