LA considering filing lawsuit against Toyota

• Source: Xinhua
• [13:33 March 03 2010]
• Comments

The Los Angeles City Attorney's Office said on Tuesday it wants to be "more proactive" in determining if a lawsuit is warranted against Toyota over safety hazards as a result of its recalled cars.

"The city attorney is responsible for the health, safety and welfare of the residents of the city of Los Angeles," said Chief Assistant City Attorney Jeffrey Isaacs.

"We have more Toyotas on the road than any other city; we own, I think, more Toyotas (in our fleet) than any other municipality; and the city, through its pension funds, is a major investor in Toyota."

"The city attorney wants to get to the bottom of this, and if legal action is necessary to make sure that the problem is solved and victims are made whole, then so be it," he said.

To help determine whether a lawsuit is necessary, the office launched a preliminary investigation into the matter, according to Isaacs.

"It's a preliminary investigation to determine if we could or should file a lawsuit," said Issacs, who is in charge of the probe.

He urged members of the public who bought Toyota or Lexus vehicles over the last 10 years to fill out a form on the city attorney's Web site -- www.atty.lacity.org -- and describe any incidents of sudden unintended acceleration, braking or steering problems.

Isaacs said if complaints about malfunctions can be verified, "the city attorney is authorized by state law to file an unfair competition law action on behalf of the people of the state of California in which he could seek injunctive relief, civil penalties -- which could be very large in this instance, depending on the number of incidents -- and also, most importantly, restitution for victims."

Isaacs said the unfair competition law "basically says it's unlawful for any person -- which could include a corporation or group or association or organization of persons -- to engage in any unlawful unfair or fraudulent business act or practice."

Isaacs said the city attorney could seek restitution for Toyota and Lexus owners who have been hurt by malfunctions and/or who have had the value of their cars diminished because of safety concerns.

Isaacs added the city attorney could also seek civil penalties of up to 2,500 dollars per violation of the law.

"Violations could be anything from selling an unsafe car to each false advertisement," he said.

Isaacs said commercials that state Toyota and Lexus vehicles are "safe and reliable" may constitute false advertising if there is proof that the vehicles "accelerate to 120 mph when you least expect it."

He said the city attorney is pulling accident reports and may use testimony from the congressional hearings on the recalls.

Toyota has recalled millions of vehicles worldwide because of safety concerns.