Case Background
Philip Franco purchased a used 2010 Mercedes-Benz GL450 SUV in 2013. In 2016, he received a safety recall notice from MBUSA regarding a potentially dangerous defect in the driver-side airbag. The defect could cause metal fragments to be propelled toward the driver or passengers in the event of an accident, potentially resulting in severe injury or death. MBUSA’s notice stated that a suitable replacement was not yet available but would be provided free of charge when it was.
Unhappy with the situation, Mr. Franco demanded either a loaner vehicle until the defect was fixed or a full repurchase of the car. MBUSA refused, prompting Mr. Franco to file a redhibition lawsuit. Redhibition is a legal remedy in Louisiana that allows buyers to rescind a sale or obtain a reduction in price if the purchased item has a hidden defect that significantly impairs its use or value.
MBUSA responded with an exception of no cause of action, essentially arguing that Mr. Franco had no legal basis to sue because the company was already obligated to replace the defective airbag under the federal recall. The trial court agreed and dismissed Mr. Franco’s case.
Court of Appeal’s Reversal
The Court of Appeal disagreed with the trial court’s decision and reversed the dismissal. It held that Mr. Franco’s redhibition claim was valid and not preempted by the National Highway Transportation Safety Act (NHTSA), which governs vehicle safety recalls.
The court emphasized that a manufacturer’s obligation to repair or replace a defective product under a recall does not eliminate a buyer’s right to pursue a redhibition claim under Louisiana law. The court also noted that Mr. Franco’s petition adequately alleged the existence of a redhibitory defect, even though the defect had not yet caused an injury.
Key Takeaways
This ruling is a win for consumers in Louisiana. It clarifies that even if a manufacturer issues a recall for a defective product, buyers still have the right to pursue a redhibition claim if the defect significantly impairs the use or value of the product.
The case also highlights the importance of understanding your rights as a consumer. If you purchase a product with a hidden defect, you may be entitled to a refund or a price reduction, even if the manufacturer offers to repair the defect.
If you’re facing a similar situation, it’s crucial to consult with an experienced attorney who can advise you on your legal options and help you navigate the complexities of redhibition law.
Remember: A safety recall doesn’t necessarily mean the end of the road for your legal rights. You may still have a valid claim for redhibition under Louisiana law.
Written by Berniard Law Firm
Other Berniard Law Firm Blog Articles on Redhibition: Vehicle Defect Leads to Redhibition Claim in Louisiana and Redhibition Lawsuit Against Monroe Automobile Dealer Dismissed Due to Prescription