NHTSA Complaint #10233287 — 2008 VOLVO XC90

MY 4 YEAR OLD SON WAS IN AN ACCIDENT WITH OUR BRAND NEW VOLVO XC90. I GOT OUT OF CAR TO TAKE A PICTURE (LEAVING THE ENGINE ON FOR AIR CONDITIONING) AND HE SHIFTED THE CAR OUT OF PARK, CRASHING THANK GOODNESS INTO A FENCE THAT SLOWLY STOPPED HIM. KNOWING HE CANNOT REACH THE BREAK I IMMEDIATELY TESTED THE GEAR SHIFT AND FOUND THAT IT EASILY SHIFTS OUT OF PARK WITHOUT YOUR FOOT ON THE BRAKE. WE HAVE RETURNED THE CAR TO THE DEALER WHO HAS ADMITTED "THE CAR'S SHIFTER IS BROKEN". WE ASKED TO CHECK ANOTHER NEW XC90 IT FUNCTIONED PROPERLY. THIS COULD HAVE BEEN A FATAL ACCIDENT IF IT HAPPENED IN ANY OTHER LOCATION. WE ARE HOPING THE DEALER WILL FULLY REPAIR THE CAR OR OFFER US A NEW ONE. I AM NOT SURE I CAN TRUST THIS CAR AGAIN -WE JUST BOUGHT IT THIS MAY. HOW AND WHEN DID IT "BREAK" OR WAS IT DEFECTIVE TO START WITH? SHOULD THIS CAR HAVE EVEN PASSED ITS SAFETY INSPECTION? CAN I GET ACCESS TO THE FACTORY'S SAFETY INSPECTION? ARE THERE OTHER REPORTS OF BRAND NEW XC90S WITH DEFECTIVE GEAR SHIFTS? HAS ANYONE ELSE REPORTED THIS? I'D HAVE NEVER KNOWN IT WAS FAULTY IF THIS ACCIDENT HADN'T HAPPENED. I EXPECTED THIS SAFETY STANDARD, AS OUR OLD VOLVO HAD IT. FORTUNATELY MY SON WAS NOT INJURED, BUT SOMEBODY ELSE'S CHILD MAY BE. PLEASE CHECK OUT THESE CARS. WHAT SHOULD WE EXPECT FROM THE DEALER? *TR