AUTO MODIFIED 2011

A Toyota spokesman in Japan indicated that the braking complaints received were involving situations where the drivers were on a bumpy road or frozen surface. According to one complainant on record at the National Highway Traffic Safety Administration (NHTSA), "My 2010 Toyota Prius has a serious braking problem, the car lunges forward after (I) apply my brakes over a bumpy surface. This is very unexpected and luckily no one was in front of me otherwise I would have hit them. This already happened several times, took my car to the dealer and no solution, I don't know what to do with a brand new (car) like this." There are many complaints with similar descriptions around braking/acceleration problems when encountering even minor bumps and potholes with the 2010 Prius.

Conclusion:

A vehicle recall is an admission of a defect or defects, whether manufacturing or design or both. Hopefully, the recall of Toyota vehicles would cure the defects. And Toyota would be liable only for the reduction in value and loss of use of the vehicle while being fixed. Otherwise, it may be liable also for punitive damages if it knew the defects all along.