According to the article, Ford recalls 1.74 million of its cars over rearview display issues, Ford has issued two recalls affecting nearly 1.74 million of its cars in the U.S. because of problems with the vehicles' rearview camera displays.

According to notices published by the National Highway Traffic Safety Administration (NHTSA) this week, an internal component inside the infotainment system of certain 2021-2026 Ford Broncos and 2021-2024 Ford Edges may overheat and shut down — preventing the rearview image from displaying when drivers are going in reverse. Meanwhile, some 2020-2022 Ford Escapes and Lincoln Corsairs, as well as 2020-2024 Lincoln Aviators and Explorers, may show a flipped or inverted rearview image.

The recalls cover 849,310 Broncos and Edges as well as 889,950 Escapes, Corsairs, Aviators and Explorers. Ford estimates that all these vehicles have the defects. But the company is not aware of any injuries or accidents spanning from either recall, NHTSA documents show.

NHTSA Warning

Still, the NHTSA is warning drivers that both issues could increase crash risks.

For impacted Bronco and Edge owners, Ford is offering a free software update for the vehicles' Accessory Protocol Interface Module (APIM). Owner-notification letters will be mailed out at the end of the month, with the fix available either at a dealer or through “an over-the-air” update.

But a remedy is still under development for the recall impacting the Escapes, Corsairs, Aviators and Explorers, this week's recall announcement notes. In the meantime, interim letters to notify owners of the safety risks are set to be mailed out in the coming months.

For more information, drivers can visit the NHTSA website and Ford's online recall lookup using their vehicles' VIN number, or call the company's customer service line at 1-866-436-7332.

Discussion Questions

  1. What is a voluntary product recall? How is a voluntary recall distinguishable from an involuntary recall?

    A product recall is an action taken to remove a product from the market because it poses a safety risk, fails to meet regulatory standards, or has been found defective. Recalls can be voluntary or involuntary.

    A voluntary product recall is initiated by a manufacturer or distributor, without being ordered to do so by a government agency. Companies typically act after identifying a defect or safety issue through internal testing, consumer complaints, adverse event reports, and/or regulatory notices. A voluntary recall is initiated by the company to protect consumers and maintain trust. It often allows the company to control the timing, messaging, and remedies (e.g., refunds, repairs, or replacements). Such a recall can be faster than involuntary recalls, potentially reducing injuries. It may be used to demonstrate corporate responsibility and reduce liability, but it does not eliminate legal responsibility. Courts may view recall delays, or a recall with insufficient scope, as evidence of negligence.

    An involuntary product recall is ordered by a government agency (e.g., the Consumer Product Safety Commission for consumer goods, the Food and Drug Administration for food, drugs, and medical devices, the National Highway Traffic Safety Administration for vehicles, and the Environmental Protection Agency for chemicals) when a company fails to act voluntarily, or when the agency determines the recall is necessary to protect public safety. An involuntary recall involves binding legal obligations, and non-compliance can lead to fines, penalties, or criminal charges. It is often used when a voluntary recall is deemed inadequate, or when there is a serious, widespread safety hazard. Such a recall provides official government recognition of a product’s defect or risk, which can strengthen legal claims.

  2. Explain the role of the National Highway Traffic Safety Administration (NHTSA).

    NHTSA is a federal agency within the U.S. Department of Transportation that is responsible for ensuring the safety of motor vehicles and road users in the United States through various regulatory, research, and educational initiatives.

    The key responsibilities of NHTSA include:

    1. Vehicle safety standards—NHTSA establishes and enforces safety performance standards for motor vehicles and equipment. This includes regulations on crashworthiness, vehicle design, and safety features such as airbags and seat belts.
    2. Traffic safety programs—The agency conducts research on driver behavior and traffic safety, aiming to reduce deaths and injuries from motor vehicle crashes. It also provides grants to state and local governments to support highway safety programs.
    3. Defect investigations and recalls—NHTSA investigates safety defects in vehicles and equipment, overseeing recalls to remove unsafe products from the market. This is crucial for maintaining public safety on the roads. 4. Fuel economy standards—The agency establishes and enforces Corporate Average Fuel Economy (CAFE) standards, which aim to improve the fuel efficiency of vehicles and reduce environmental impact.
    5. Public education and awareness—NHTSA promotes the use of safety belts, child safety seats, and other safety measures through public awareness campaigns. It also provides consumer information on vehicle safety topics.
    6. Collaboration with law enforcement—The agency works with state and local law enforcement agencies to enforce traffic laws and improve road safety, including efforts to combat drunk driving and distracted driving.

  3. Do you foresee any liability issues, particularly to third parties, related to problems with the Ford vehicles' rearview camera displays? If so, will the recall lessen or eliminate such liability concerns? Explain your responses.

    As indicated in the article, this recall involves 1.74 million Ford vehicles with rearview (“backup”) camera display problems—some of the cameras may not display an image when drivers are backing up, while some may show a     flipped or inverted rearview image. Although drivers certainly have the responsibility to ensure that their path is safe when backing up (your author remembers a time when there were no backup cameras, and drivers actually had to turn their heads and look while backing up!), an injured third party’s attorney would likely “plead in” Ford as a defendant if the accident  involving their client involved a defect with the camera.

    As mentioned in response to Article 2, Discussion Question Number 1 of this newsletter, although a voluntary recall may be used to demonstrate corporate responsibility and reduce liability (particularly by correcting the problem to avoid defect-related accidents in the future), it does not eliminate legal responsibility for injuries that have already resulted from the defect, particularly to innocent third parties.