Product Liability Law Blog

The family of Sandra Dozier is suing TRW Vehicle Safety Systems Inc. over her Texas wrongful death. They claim that the defendant designed and made a very dangerous restraint system.

Dozier was driving a 1998 Pontiac Grand Prix on March 13, 2007 when she lost control of the vehicle and it rolled over. She suffered fatal injuries despite wearing a seat belt.

Per the seat belt defect lawsuit, the buckle provided inadequate restraint, violates both the principals of crashworthiness and GM's internal specifications, and does not comply with legal statutes. The plaintiffs want wrongful death compensation for loss of care, support, maintenance, advice, service, counsel, companionship and society, pecuniary contributions, and inheritance. They also want financial recovery for their mental anguish, emotional distress, funeral and medical costs, interest, and court expenses.

Defective Seat Belts
It is imperative that passengers wear seat belts that are free from defects. Use of a seat belt can save a life during a car crash or prevent catastrophic injuries. Unfortunately, not all safety belts are free from design and manufacturing defects. Not only do seat belt safety issues increase the chances of injury or death during auto collision impact, but also the defect itself can also be a cause of injury.

Common seat belt defects:
False latching: The latch plate appears, looks, and sounds as if it is latched, but it isn't. This means the wearer is not properly restrained.

Inertial latching: The seat belt becomes unlatched during a traffic crash.

Ripped or torn webbing: The safety belt rips or tears apart during a crash.

"Windowshade" devices: The presence of this "tension-relieving" device in a seat belt can create unnecessary slack that can reduce the seat belt's ability to properly restrain a passenger during a collision.

Lap-only belt designs: These do not provide adequate protection.

Some signs that seat belt failure may have been a factor in causing passenger injury:

• The belted occupant sustained injuries.


• The car crash victim was using a seat belt that fit him/her loosely.


• A vehicle occupant is found without a seat belt on even though he/she was using one.


• The occupant suffered serious injuries while wearing a seat belt even though the vehicle sustained limited structural damage.


• A passenger wearing a seat belt sustained serious injuries during a moderate or minor crash.

Seatbelt manufacturer sued after fatal car accident, The Southeast Texas Record, January 19, 2011

Related Web Resources:
Occupant Protection, National Highway Traffic Safety Administration

The Hidden Dangers of Seat Belts , Time, November 30, 2006

Seat Belts, Product Liability Law Blog

Toyota says that is recalling 1.7 more autos worldwide because of fuel-system problems affecting several models. 245,000 of the recalled vehicles are Lexus luxury cars in the US.

The automaker says that because of inadequate tightening of the fuel-pressure sensor connected to specific engine fuel delivery pipes, the sensor might eventually come loose. If this were to happen, fuel might leak.

Vehicle models recalled in the US include the:

• Lexus GS300 and GS350 (2006 and 2007 models)
• Lexus IS250 (2006 – 2008 models)
• Lexus 1S350 (2006 – 2008 models)

Lexus dealers will check the vehicles for fuel leakage and repair any damage. They will also properly tighten the fuel pressure sensor. No accidents related to the auto defect have been reported, but numerous complaints have been filed.

Toyota has been much faster to report safety issues in the wake of the millions of vehicles it has had to recall since late 2009 when a family of four were killed in a San Diego car crash because of a sudden unintended acceleration accident involving a Lexus car. That catastrophic car crash brought to light the fact that Toyota had violated the US requirement that an auto safety issue be reported immediately. The National Highway Traffic Safety Administration has since fined Toyota more than $16 million three times for failing to report the "sticky pedal" defect, steering relay rod problem, and the issue with accelerator pedals getting stuck in floor mats.

If you or your loved one was seriously injured in a car crash caused by an auto defect, it is important that you retain the services of an experienced auto products liability law firm that knows how to handle these types of cases. There is a lot that goes into proving that a defect caused your traffic crash.

Our product defect law firm has a full time engineering staff available to work on our clients' cases and we know how to prepare the kinds of exhibits needed to recover damages for our clients. We also have the experience to conduct accurate accident reconstruction and defect analysis. All of these tools can have a huge impact on the outcome of your case.

Toyota recalls 1.7 million more cars, OC Register, January 26, 2011

Toyota Motor Corp. Will Pay $32.425 Million in Civil Penalties as Result of Two Department of Transportation Investigations, National Highway Traffic Safety Administration

The family of Rosland Watson is suing Toyota, the Grandview Auto Wash, and the driver of the vehicle that struck her for Missouri wrongful death. Watson, 40, suffered fatal injuries on November 5, 2009 when a 2002 Toyota Land Cruiser that was leaving a car wash bay hit her. At the time, she was seated on a bench in the waiting area, while her own car was being cleaned.

Watson sustained head trauma, injuries to her abdomen, neck, throat, broke, ribs and pubic bone, and developed lacerations, abrasions, and contusions on her arms, neck, lungs, legs, liver, intestines, spleen, stomach, and bladder. She later died at the hospital.

According to the driver of the Toyota, John Page, his accelerator got stuck. A police probe, however, found that Page had stepped on the accelerator and not the brakes.

The plaintiffs claim that Toyota should be held liable for Missouri auto products liability because it has knowingly made cars with defective braking and acceleration systems that have caused "eerily similar" accidents to the one that killed Watson. They believe that she would still be alive today if only Toyota had sought to remedy the sudden unintended acceleration problem that has affected so many of its vehicles, causing serious injuries and deaths.

In their wrongful death lawsuit, the family accused Toyota of fraudulently covering up information related to the acceleration defect. They says that after the car accident that killed Watson, the automaker sent two corporate representatives to "inspect" the Land Cruiser and, rather than attempting to discover the truth, "staged an inspection" to "clear its name." The plaintiffs say that the Toyota SUV was defectively designed and manufactured because it contained a faulty throttle control system, poorly designed floor mats, an "unreasonably dangerous gas pedal," and an electronic interference issues that caused unintended acceleration. The vehicle also lacked a brake override system.

Read the Lawsuit (PDF)

Toyota, Cleaver-owned car wash sued in woman's death, NBC Action News, January 20, 2011

Related Web Resources:
Toyota Safety Issues, Product Liability Law Blog

Additional Information on Toyota Recalls and Investigations, NHTSA

The parents of 1-year-old Landon James Zimmerman are suing Simplicity, SFCA Inc., and Hayneedle Inc. for wrongful death. Zimmerman allegedly died in a Massachusetts crib entrapment accident that caused him to suffocate. At the time, the toddler was using a Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib.

Zimmerman's death in 2008 prompted the Consumer Product Safety Commission to recall all Simplicity cribs with a mattress support frame constructed of tubular metal. The cribs were recalled because of the fall, entrapment, suffocation, and strangulation hazards they presented to toddlers and infants. The mattress-support frame was at risk of detaching or bending, which could cause a section of the mattress to collapse and possibly create an entrapment danger.

Simplicity and SFCA Inc., its successor company, are no longer in operation. Hayneedle is the retailer that sold the crib to Zimmerman's family.

Crib Entrapment
Crib entrapment can cause strangulation or suffocation, which can prove fatal for a baby or toddler. Crib manufacturers, retailers, and distributors can be held liable if a dangerous or defective crib causes serious injuries or death to a child.

Hopefully, with the stricter safety requirements that the CPSC has mandated and will go into effect later this year, there will be less child injuries and deaths caused by hazardous cribs. That said, it is still important that parents and guardians make sure they follow instructions on crib assembly and check to make sure that their crib hasn't been recalled or doesn't have any defects that could cause it to malfunction.

'Deadliest' crib seller sued, Boston Herald, January 7, 2011

Suit filed in NA infant's death, The Sun Chronicle, January 8, 2011

Simplicity Cribs Recalled by Retailers; Mattress-Support Collapse Can Cause Suffocation and Strangulation, CPSC, April 29, 2010

More Graco and Simplicity Cribs Recalled Following Child Injuries and One Infant Death, Product Liability Law Blog, April 29, 2010

Related Web Resources:
Crib Safety Standards, CPSC, December 28, 2010 (PDF)

Choosing a Crib, HealthyChildren.org

Once again, the Nevada Supreme Court has rejected attempts by Goodyear to overturn a $32.2 million defective tire verdict against it in the wrongful case filed by the surviving family members of three people killed in a 2004 Utah 15-passenger van crash. The plaintiffs have said that the deadly auto accident was caused by a tire blowout that caused the vehicle to overturn on I-70.

Killed in the Utah rollover accident were Andres Torres, Evangelina Tapia, and Frank Enriquez. Seven other people were injured in the collision. Last year, the state's highest court upheld the $32.2 million Nevada wrongful death lawsuit against Goodyear Tire & Rubber Company. Other defendants in the products liability case, Valley View Hitch and Truck Rental and Ford Motor Co., settled their auto products liability lawsuits prior to the civil trial.

Following the judgment, Goodyear then sought to argue that it was not given due process. A district judge had taken away Goodyear's ability to defend itself against the civil complaint after finding that its attorneys took part in stall tactics and acted in bad faith. Without hearing the facts of the case, the jury was told to determine damages. Now, the Nevada Supreme Court is refusing to review its earlier decision to uphold the jury's tire blowout judgment.

Goodyear Defective Tire Lawsuits
Goodyear is also the defendant in other tire tread separation complaints related to its Load Range "E" tires that are used on pickup trucks, sport utility vehicles, and vans. Dozens of defective tire lawsuits have been reportedly filed over these Goodyear tires, which were manufactured between 1991 and 2000. According to ABC News, 15,000 of these tires experienced tread separation between 1991 and 2001 alone. The National Highway Traffic Safety Administration says there were reports of 87 auto crashes involving these tires during this time period, with 50% of the collisions causing at least 158 injuries and 18 deaths.

Tread Separation
Tread separation is a common cause of tire blowouts and rollovers. Vehicles with high gravity centers, such as SUVs, and 15-passenger vans, are at high risk of rolling over in the event that tread separation should cause a driver to lose control of the auto. Tire manufacturing and design defects are two common causes of tread separation.

$30 million verdict: Nevada Supreme Court denies Goodyear's petition for rehearing, LV Legal News, December 31, 2010

Goodyear Tires Draw Lawsuits, No Recall, Good Morning America/ABC News, May 19, 2010

$32 Million Defective Tire Judgment Against Goodyear Upheld, Product Liability Law Blog, July 10, 2010

Related Web Resources:
Goodyear Tires

Tire Defects, SaferCars.gov

National Highway Traffic Safety Administration

Chrsyler Group is recalling over 144,000 Ram and Doge vehicles in three separate actions. The largest recall involves about 65,180 Dodge Journey sports-utility vehicles made between November 1, 2007 and September 7, 2008. The issue of concern involves front-door wiring harnesses that may break or wear, potentially disabling side-impact airbags. Chrysler has told the National Highway Traffic Safety Administration that the kind of wire used, the way it is routed through the doors, and the cold weather could be contributing to the risk of wire fatigue.

Chrysler's second recall affects 56,611 Ram 1500 pickup trucks (2011 model). The vehicles' crash risk can go up in the event that the rear axle bearing was to seize. The automaker's third recall impacts 22,274 Ram 5500 and 4500 pickup trucks (2008 – 2011 year models) over a steering component that might fracture or weaken, which can cause the driver to lose control of the vehicle.

Meantime, Ford Motor Co. is recalling 14,737 2011 Ford Edge and Lincoln MKS crossover vehicles and Ford F-Series pickup trucks. Ford says that the body-control modules in the vehicle may be at risk of an electrical short. If this happens and the vehicle overheats, a fire could break out. This recall comes in the wake of two autos catching fire at a Ford plant.

As our auto products liability law firm mentioned in a recent blog post, about 19 million autos were recalled in 2010. This number is significantly higher than the number of vehicles that were sold last year, which were approximately 11.4 million vehicles.

The NHTSA says that through December 14, 2010, it received over 64,000 complaints from drivers about their vehicles. According to the Los Angeles Times and the Dallas News, Toyota received close to 87 complaints for every 100,000 autos it sold. That is more complaints than any other auto manufacturer. Nissan ranked number two when it came to consumer complaints, with almost 62 complaints for every 100,000 autos sold. Volkswagen received 47 complaints for every 100,00 vehicles sold. Edmunds.com, an automotive research firm, says Honda Motor Co. and Ford had the lowest complaint ratios.

More U.S. drivers file official auto complaints, DallasNews, January 3, 2010

Chrysler and Ford Recall 160,000 Vehicles for Safety Defects, Daily Finance, December 30, 2010

Ford Recalls F-Series Pickups, Edge, Lincoln MKX, ABC News, December 30, 2010

More than 19 Million Autos Recalled in 2010 in About 600 Campaigns, Product Liability Blog, December 29, 2010

Related Web Resources:
National Highway Traffic Safety Administration

Recalls.gov

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