Tesla Recall & Defect Claims | Vehicle Safety Defects

Tesla has issued multiple recalls for serious safety defects, including autonomous system failures, airbag failures, and structural defects. These recalls alert consumers that Tesla knew—or should have known—about dangerous conditions in their vehicles. If you were injured in a crash involving a recalled defect, or if your vehicle has been recalled but you have not been repaired, you may have legal claims against Tesla.

Major Tesla Recalls Relevant to Autonomous Vehicle Litigation

Recall 23V-838 (Autosteer Defect)

Vehicles affected: Over 2 million Teslas with Autosteer capability

Defect: The Autosteer component of Autopilot could unexpectedly exit its lane in certain driving conditions, particularly in low visibility, heavy traffic, or poor weather. The system could fail to keep the vehicle in its lane, creating collision risks with other vehicles.

Safety risk: An Autosteer failure at highway speeds in heavy traffic can result in sideswipe collisions, head-on collisions, or multi-vehicle accidents.

Tesla’s response: Tesla issued software updates intended to address the issue, but the fundamental Autosteer design problems remain under investigation.

Recall 23V-085 (Full Self-Driving Beta Defects)

Vehicles affected: 362,000 vehicles running Full Self-Driving Beta

Defect: FSD could move the vehicle unexpectedly in parking mode, fail to obey traffic signals, make illegal lane changes, or execute other dangerous maneuvers. These defects directly created collision and injury risks.

Safety risk: Vehicles could suddenly accelerate or move into traffic without driver input. FSD could cause crashes by failing to recognize red lights or stop signs.

Important implication: This recall demonstrates that Tesla knew FSD had critical safety issues—yet continued to charge customers money for FSD subscriptions while the system was being deployed on public roads.

Broader 2024 Recall Campaign

Tesla recalled over 5 million vehicles in 2024, addressing various safety defects including suspension problems, battery issues, and additional autonomous system failures. The sheer volume of recalls indicates that Tesla’s quality control and testing processes are inadequate.

Airbag Failures in Tesla Crashes

One of the most dangerous Tesla defects is airbag failure during crashes. In a recent case involving our client—a pregnant woman in a loaner Tesla Model Y—the vehicle struck a utility pole with catastrophic structural damage. The pole embedded itself in the vehicle’s A-pillar, the windshield shattered, the vehicle was totaled. Yet despite this severity of impact, the airbags did not deploy.

Airbag failure in high-impact crashes suggests:

• Defective airbag sensors that fail to detect crashes
• Defective airbag control modules that fail to trigger deployment
• Electrical faults in the airbag system
• Design defects in the vehicle’s impact detection algorithms

Airbag failures create catastrophic injury risk. Airbags are a critical passive safety system designed to prevent life-threatening head, chest, and facial injuries. When airbags fail to deploy, crash victims face skull fractures, spinal cord injuries, severe bleeding, and death.

How Recalls Impact Your Product Liability Case

Recalls as Evidence of Defect

When Tesla issues a recall, the company is admitting that a defect exists in their vehicles. This admission of defect is powerful evidence in a products liability lawsuit. Tesla cannot claim in court that there was no defect—the recall itself proves the defect exists.

Recalls as Evidence of Notice

A recall shows that Tesla knew or should have known about the defect. Manufacturers have a duty to conduct adequate testing before releasing products to the public. When a recall becomes necessary, it indicates that Tesla’s pre-release testing was inadequate.

Recalls as Evidence of Feasibility

The fact that Tesla can issue a software patch or hardware modification to fix a defect proves that a safer alternative design was feasible. This helps establish that Tesla could have designed safer vehicles but chose not to.

Recalls as Evidence of Foreseeability

Recalls demonstrate that the risks posed by the defect were foreseeable. Tesla’s own engineers identified these risks; therefore, the risks were not unknowable. Tesla had a duty to warn consumers about these foreseeable risks.

Types of Claims in Recall-Related Cases

Injury Claims (If You Were Injured in a Crash)

If a recalled defect contributed to a crash that injured you, you have strong product liability claims. Examples:

• An Autosteer defect caused your vehicle to drift into another lane, resulting in a collision
• An FSD defect caused your vehicle to run a red light and collide with cross-traffic
• An airbag failure meant that an otherwise survivable crash became fatal or severely injurious

Economic Loss Claims (Even if You Were Not Injured)

In many states, you can recover damages for the diminished value of your vehicle due to a defect and recall, even if the defect never caused a crash. The presence of a known defect reduces your vehicle’s resale value and creates ongoing safety concerns. Some states allow “breach of implied warranty” claims for defective products.

Fraudulent Concealment Claims

If Tesla knew about a defect but concealed it from consumers—continuing to sell vehicles and promote features that were known to be defective—you may have fraud claims. This is particularly true for Autopilot and FSD, which Tesla promoted despite known safety gaps.

Breach of Warranty Claims

Vehicles come with implied warranties—the vehicle is fit for its ordinary purpose (safe transportation) and is merchantable. A vehicle with a known defect violates these warranties, even if no specific written warranty is involved.

Recall Information and Vehicle Lookup

To determine whether your vehicle has been subject to Tesla recalls, you can:

• Check the NHTSA website (safercar.gov) for recalls by vehicle identification number (VIN)
• Contact Tesla directly for recall information on your vehicle
• Check your Tesla service records for recalls that may have been addressed without your knowledge

If you believe your vehicle has a defect but no recall has been issued, this does not eliminate your legal claims. Manufacturers have a duty to identify and fix defects even before formal recalls are issued. If you can prove the defect existed and caused your injury, you can sue Tesla.

Recall Adequacy Issues

Merely issuing a recall is not sufficient if the recall does not actually fix the problem. In some cases, Tesla’s recalls have been inadequate:

• Software patches that do not address the underlying problem
• Recalls that are issued but not adequately communicated to consumers
• Recalls that require expensive repairs but do not fully restore safety
• Recalls that are superseded by new recalls addressing the same defect

If you received a recall notice and the repair did not fully address the defect, you may have claims against Tesla for issuing an inadequate recall.

Case Spotlight: The Loaner Vehicle Airbag Failure

Our client was driving a Tesla Model Y loaner from Tesla Collision. When she attempted to turn the steering wheel to enter a parking lot during Autopilot operation, the vehicle responded with violent movements that resulted in a crash into a utility pole. The damage was catastrophic—the pole embedded itself in the vehicle’s A-pillar, the windshield shattered completely, the vehicle was destroyed.

Despite this severe structural damage, the airbags did not deploy. Our client, who was pregnant at 32 weeks, was thrown about the interior of the vehicle due to the impact. She required emergency hospitalization for fetal monitoring and recovery.

This case involves multiple defects:

1. Autopilot handoff defect: The system did not smoothly transfer control when the driver took the steering wheel
2. Failure to warn: No warning or instruction about handoff mechanics or what would happen if the driver intervened
3. Airbag failure: Airbags did not deploy despite catastrophic impact

The combination of these defects transformed what might have been a minor parking lot intervention into a life-threatening emergency. We are pursuing claims for all three defects against Tesla.

Damages in Recall and Defect Cases

If you were injured in a crash involving a recalled defect, recoverable damages include:

• Medical expenses: All costs related to treating your injuries
• Lost wages: Income lost during recovery
• Permanent disability: Reduced earning capacity and quality of life
• Pain and suffering: Compensation for the physical and emotional trauma
• Punitive damages: Available in most states when the manufacturer’s conduct was reckless or grossly negligent

If you were not injured but your vehicle has a recalled defect, recoverable damages typically include:

• Diminished value: The reduction in your vehicle’s market value due to the defect
• Cost of repairs: In some cases, the cost to repair or replace the defective component
• Economic loss: In some states, all economic losses resulting from the defect

Frequently Asked Questions

If Tesla issued a recall and fixed my vehicle, can I still sue?

Yes. The recall and repair do not bar your lawsuit. The defect still existed in your vehicle for some period of time, reducing its value and creating safety risks. Additionally, if you were injured in a crash caused by the defect before the recall was issued or the repair was completed, you have full liability claims.

What if I never received a recall notice?

Many Tesla owners never receive recalls notices or miss them. This does not prevent you from suing. Tesla’s failure to adequately notify you of recalls is itself evidence of the manufacturer’s negligence. If you can prove you owned a recalled vehicle, you have legal claims.

If no recall has been issued for the defect that caused my crash, can I still sue?

Yes. You do not need a recall to sue for a defect. If you can prove the defect existed, that Tesla knew or should have known about it, and that it caused your injury, you have product liability claims even without a formal recall.

What is the difference between a recall and a Technical Service Bulletin (TSB)?

A recall is a formal notice issued to all owners of affected vehicles. A Technical Service Bulletin (TSB) is an internal Tesla service procedure that may address known issues without formally calling it a recall. Both can be evidence of known defects.

Contact Siddons Law Firm Today

If you were injured in a Tesla crash involving a recalled defect, or if your vehicle has a recalled defect that concerns you, contact us for a free consultation. We work on a contingency fee basis in injury cases.

Siddons Law Firm, PLLC
230 N. Monroe St., Media, PA 19063
Phone: (610) 255-7500
Available 24/7 for emergency consultations

Return to main Tesla accident lawyer page