Volkswagen Besieged by Product Liability Lawsuits Following Emissions Scandal

Volkswagen is facing a barrage of legal claims from auto owners after a recent emissions test scandal revealed the automaker had purposely cheated emissions tests to make it seem like its diesel vehicles were far more environmentally-friendly than they really were. Higher pollution levels, it seems, were no accident. 

Volkswagen consumers from Europe to Farmington, Utah have inundated many a top lawyer with inquiries regarding the emissions crisis. According to UK lawyer Jacqueline Young, this stands to be “one of the largest group action lawsuits [the UK] has seen.”

The German automaker admitted its diesel Volkswagen and Audi vehicles manufactured between 2009 and 2015 were equipped with software designed to cheat on emissions tests, turning on full pollution controls only during the time the car was undergoing an emissions test. During all other times, the cars pollute 10 to 40 times above the legal limits in the United States, the Environmental Protection Agency (EPA) found.

The higher pollution levels of Volkswagen cars likely had a significant affect in areas where the air quality is especially vulnerable to vehicle emissions, such as Farmington, Utah.

A Volkswagen auto owner and his lawyer can expect some compensation for the car’s fall in value. Many drivers paid more out-of-pocket for a “green” vehicle, and should be remunerated for that price difference at the very least. In the eyes of a lawyer, owners of affected vehicles are victims of consumer fraud on the part of VW.

In addition to a looming class-action lawsuit, Volkswagen stands to pay hefty fines from the EPA, in conjunction with the Justice Department. The exact extent of the fines, however, remains unclear at this time.

Given internal knowledge on the part of Volkswagen, it is unlikely that the carmaker will be able to claim any insurance for merchandise recall. As in accident or negligence damage, any insurance cover would likely be negated by prior knowledge or cause.

To deal with upcoming lawsuits from U.S. auto owners from the East Coast to Farmington, Volkswagen has enlisted the help of U.S. law firm Kirkland & Ellis, the firm employed by BP during the Deepwater Horizon oil spill accident.

Like the effect of the Deepwater Horizon accident on vulnerable waterways, the VW scandal created pollution in big diesel-market areas such as Farmington and California, where air quality can climb to dangerously high levels.

Although consumer fraud claims will take a significant chunk out of the carmaker’s profits, the largest blow to the company will likely come in the form of reduced consumer confidence in the Volkswagen brand. Unlike fancy legal teams, consumer confidence cannot simply be purchased.

Jeffrey Herbert is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter