Product Liability Law Blog

By Jim Gilbert and Rick Friedman

(Jim Gilbert and Rick Friedman are long-time friends and fellow members of the Inner Circle of Advocates, a select group comprised of 100 of the most elite plaintiffs' attorneys in the nation. Jim conducts a nationwide products liability and personal injury practice from Arvada, Colorado (http://www.thegilbertlawgroup.com), while Rick conducts a nationwide trial practice from offices in Anchorage, Alaska and Seattle, Washington (http://www.friedmanrubin.com). This article was jointly written by Jim and Rick after several conversations during which they compared notes on auto safety and experiences with accident claims.)

If you are ever injured or die in an accident, it will most likely occur while you are in a car. Yet most Americans know surprisingly little about what makes a car safe, what to look for when shopping for a car, and what to do to protect their rights if they are in an auto accident.

Legal obligations of vehicle manufacturers
· A manufacturer must sell vehicles that provide reasonable protection to occupants in most kinds of accidents.
· Federal law requires that all motor vehicles sold in the U.S. comply with specified crashworthiness and other safety standards.
· Federal safety standards are minimum standards and may not protect you in an accident.
· A manufacturer is civilly responsible for injuries caused by an uncrashworthy vehicle, whether or not the vehicle complies with federal safety standards.
· You may have a legitimate claim for damages against the manufacturer of a defective and unreasonably dangerous vehicle, even though you or others believe you were "at fault" in the accident; after all, manufacturers know when they design a vehicle that accidents will happen and that their vehicles must be reasonably crashworthy.

What to look for when buying a car
Available safety features (some are standard and some are costly options; your budget will determine your selection):
· Adaptive headlights: motors drive headlights to follow the path of the vehicle.
· Backup monitors: cameras or sensors allow driver to see and/or be warned of persons or objects when backing or parking.
· Blind spot detection: cameras and/or sound devices allow driver to see/be aware of vehicles in the blind spot.
· Bluetooth connectivity: allows hands-free cell phone use.
· Collision mitigation braking: radar or laser-activated application of brakes when sensing an imminent crash.
· Electronic stability control: computer reduces engine speed and/or provides wheel-selective braking when detecting a skid.
· Event data recorders: computer constantly monitors speed, braking etc. and preserves the info for a specific time period, usually about 30 seconds.
· Head-up display: projects vehicle monitors (speed, GPS, etc.) onto the windshield so the driver doesn't have to look downward.
· Head restraint upgrades: intended to reduce whiplash in rear-end collisions.
· Lane departure warning systems: warns driver who strays from lane.
· Night vision assist: near-infrared lights or thermographic cameras permit longer-ranged vision at night and provide higher performance in rain and snow.
· Pre-crash occupant positioning: removes slack from seatbelts and applies brakes in an imminent frontal type collision.
· Rollover sensors: deploy side airbags and activate pretensioners in an imminent rollover through a computer monitoring system.
· Seat belt energy management systems: allow controlled belt yielding in a crash, mitigating force on the occupant's chest.
· Sensitive airbag systems: sense the difference in size and weight of the occupants and deploy the air bags accordingly, thus reducing airbag injuries.
· Side door beams: reduce door intrusion into the passenger compartment in side-impact crashes.
· Side-curtain air bags: side airbags (curtains) deploy in certain types of collisions, providing enhanced head and upper-torso protection.
· Tire pressure monitoring: warns the driver of reduced air pressure in all tires.
· Collapsible pedals: pedals pivot away from the passenger cabin in a crash, thus mitigating foot and lower leg injuries.
· Seat belt pretensioner: tightens seatbelt to a specified load level when sensing a crash.

Good sources of safety information
· National Highway Safety Traffic Administration (NHTSA)
· Insurance Institute for Highway Safety (IIHS)
· Consumer Reports

NHTSA 5-star vehicle rating system
The NHTSA 5-Star Safety Ratings System evaluates the safety of passenger cars, SUVs, vans and pickup trucks in three broad areas - frontal crash, side crash, and rollover resistance. For model year 2011, NHTSA will rate 24 passenger cars, 20 sport utility vehicles, two vans and nine pickups under the new ratings system. Overall star rating will be shown on the window sticker beginning with model year 2011.
· Frontal impact Vehicle with crash test dummies in front seats is crashed into a fixed barrier at 35 mph, which is equivalent to a head-on collision between two similar vehicles of substantially the same weight each moving at 35 mph.
· Side barrier crash Standing vehicle with belted dummy in front and rear is hit in the side by a moving 3015 pound barrier to simulate an intersection crash.
· Side pole crash Vehicle angled at 75° with belted smaller dummy representing an adult female in driver's seat, is pulled sideways at 20 mph into a 25-cm diameter pole at the driver's seating position, representing a side-impact crash involving a narrow, fixed object like a utility pole or tree.
· Rollover testing An at -rest laboratory measurement that determines how "top-heavy" a vehicle is, coupled with a severe turning maneuver on a test track that tests whether a vehicle is vulnerable to tipping up on the road.

NOTE: Despite the fact that rear collisions are frequent and can cause death or severe injuries, at present there is no crash test to simulate a rear collision, due to NHTSA's limited budget
In each test using crash test dummies, the dummies have sensors positioned at various locations to measure the amount of force that would be exerted on the human body. Each vehicle tested (not all vehicles are tested each year) is given a one-star to five-star rating, with five stars being the highest. Beginning with 2011 models, an overall 5-star rating is also used. See your vehicle's ratings here.

NHTSA announced in October 2011 the lineup of model year 2012 passenger vehicles that will be tested as part of its 5-star safety ratings program. The program's crash tests will provide consumer safety information on approximately 81 percent of model year 2012 passenger vehicles sold in the United States, while rollover tests will provide information on 92 percent of the 2012 fleet.

Significance of number of stars in NHTSA's 5-star rating program
· Frontal crash
§ 5 stars = 10% or less chance of serious injury to the head or chest
§ 4 stars = 11 to 20% chance of serious injury to the head or chest
§ 3 stars = 21 to 35% chance of serious injury to the head or chest
§ 2 stars = 36 to 45% chance of serious injury to the head or chest
§ 1 star = 46% or greater chance of serious injury to the head or chest

· Side crash (incorporated with pole crash test)
§ 5 stars = 5% or less chance of serious injury
§ 4 stars = 6% to 10% chance of serious injury
§ 3 stars = 11% to 20% chance of serious injury
§ 2 stars = 21% to 25% chance of serious injury
§ 1 star = 26% or greater chance of serious injury

· Rollover (rate is expressed as a percentage of all single vehicle accidents)
§ 5 stars = rollover rate of 10% or less
§ 4 stars = rollover rate of between 10 and 19%
§ 3 stars = rollover rate of between 20 and 29%
§ 2 stars = rollover rate of between 30 and 39%
§ 1 star = rollover rate greater than 40%

What to avoid
· Vehicles that do poorly on NHTSA, IIHS or Consumer Reports testing, evaluations or ratings.
· NHTSA recommends considering vehicles with crash avoidance technologies that meet the 5-Star Safety Ratings minimum performance tests, such as forward collision warning (FCW), lane departure warning (LDW), and electronic stability control (ESC). All of the 2011 model year vehicles currently rated have ESC as standard, except for the Nissan Versa, in which it is optional.
· Vehicles that have a poor safety record in the real world (see the above websites).

Children and vehicle safety
· Every state has its own laws regarding child restraint regulations.
· You should carefully follow the recommendations of your car seat manufacturer.

NHTSA recommends as follows:
· Birth to12 months: always in an approved, rear-facing seat
· 1 to 3 years: keep in rear facing seat as long as possible until the child reaches the height or weight limits prescribed by the seat manufacturer, then in a forward-facing seat with a harness.
· 4 to 7 years: keep in a forward-facing seat with harness until the child reaches the height or weight limits prescribed by the seat manufacturer, then in a booster seat in the vehicle's back seat.
· 8 to 12 years: keep child in a booster seat until he or she is big enough to fit in a seat belt properly; the lap belt must lie snugly across the upper thighs, not the stomach; the shoulder belt should lie snug across the shoulder and chest and not cross the neck or face; your child should still ride in the back seat because it's safer there.
· Certified technicians will inspect and verify your car seat installation (free of charge in most places); click here to find the inspection station nearest you.
· Utilize NHTSA's 5-star ease of use rating system here.

Pregnant women and belt usage
· Many pregnant women rationally but wrongly believe that the lap belt part of the restraint system may damage the fetus in a forward-type collision; consequently, many pregnant women do not wear the belt at all (about 62% of the time), or wear it improperly, such as over the shoulder only or behind the back.
· Medical experts and vehicle safety groups have sponsored studies that conclude that a properly worn shoulder and lap belt clearly protects the fetus and would prevent about 85% of disabling injuries to or death of a fetus in motor vehicle crashes.

Tires and safety
· Tire wear depends on many factors, including driving style, vehicle load, air pressure (under inflation is worse), unbalanced tires, type of terrain, failure to balance and rotate tires regularly, worn shocks or struts, suspension misalignment, climatic conditions including ambient temperature, and damage caused by road hazards.
· With age, tire components dry out, hastened by oxidation, causing the adhesion between the tire components (layers) to wear out, leading to possible tread separation, often with catastrophic results.
· Experts, including some vehicle manufacturers, say that a tire should not be kept in service and may become dangerous after six years.
· Replacing and mounting tires:
§ Replace all four tires at the same time if possible.
§ When replacing only two tires, always have the new tires mounted on the rear axle, regardless of which wheels are the drive wheels.
§ If only one tire is replaced, pair it with the tire with the best tread and mount them on the rear axle.
§ Surprisingly, some tire dealers, especially smaller ones, are not aware of these safe mounting practices, so you must insist that they mount the tires as above.

What to do if you are in a car crash
· Remain at the scene and seek medical help as required.
· Notify police authorities.
· Exchange insurance and identifying information with other driver(s).
· Notify your insurance company as required by your policy.
· Preserve evidence by:
§ Taking photos of vehicles and accident scene;
§ Storing and maintaining your vehicle in its post-accident condition (further damage, loss of parts, tampering, etc. may adversely affect any future lawsuit);
§ If you are injured, seeking an experienced, qualified attorney's advice to protect your legal rights (there are variable state time limits for filing a lawsuit, so you should act promptly).

Do you have brain injury?
· Brain injuries may be "invisible" and the injured person may not immediately be aware of the injury.
· Brain injury can result even from low-impact crashes.
· Brain injury symptoms may be mild, such as fatigue, headache, poor attention or concentration, loss of balance, mood changes and the like.
· Severe symptoms may include any of the above and cognitive deficits, speech and language problems; sensory, perceptual, hearing, vision, smell and taste problems; seizures, paralysis, spasticity, personality changes and many others.
· If you or those around you notice any of the above symptoms following a car collision, tell your doctors.

Dealing with insurance companies
· You have an obligation to cooperate with your own insurance company, though they may eventually become your adversary.
· Keep in mind that your insurance company is in business to make money; every dollar paid out in claims reduces their bottom line.
· Contact your insurance company as soon as you get home from the accident. Most policies require a signed proof of loss within a certain time limit.
· Don't give a recorded or written statement to your insurance company until you review your policy and understand your coverage. If you have doubts, contact an attorney.
· Don't withhold information when you give your statement to your insurer. It's likely they will conduct their own investigation, and if it's found that you lied or left out important details it could affect the coverage you are entitled to or even invalidate your policy.
· Whenever you speak with your insurance company, take detailed notes, like:
· Name of person you spoke with.
· Their job title or position at the insurance company.
· Accident details you provided.
· What they said to you.

Keeping track of expenses and lost income related to your claim
· Missed time from work.
· Property damage to vehicle or contents
· Cost of alternative transportation
· Medical Bills
· Mileage to doctor and therapy appointments
· Services performed by family members or others on your behalf.

Contacting an Attorney
While it is possible to negotiate and settle your personal injury claim without involving an attorney, it is dangerous to do so. Remember that insurance companies are trying to offer you the very least amount of compensation they can get away with. Even if you are facing financial difficulties resulting from your car accident and feel pressured to accept a premature, inadequate settlement, do not sign any releases or waivers without first talking to an experience personal injury attorney.

Seven years after 16-year-old Tiffany Stabler was killed in a deadly car crash, a jury has awarded a $40 million Alabama auto products liability verdict to her family over her wrongful death. Stabler died on July 4, 2004 after she was ejected from the used 1999 Kia Sephia that her dad had given her just two months before on her birthday. The plaintiff's claim that because the seat belt was defective, it failed to keep Tiffany "buckled up" when she lost control of the vehicle, causing her to sustain fatal injuries.

Although Kia had issued a recall in 2002 over this "false latching" defect, that notice was only for vehicle models 1995 to 1998. In their Alabama seat belt defect lawsuit, Stabler's family contended that Kia did know that the seat belts in its 1999 and 2000 models had the same safety issue but failed to also recall those vehicles.

False Latching
With the "false latching" defect, a seat belt may appear, feel, and sound like it is properly secured in the buckle when in fact it is not. Even the slightest force can cause the buckle, which isn't latched properly, to come out of the latch plate. This leaves the vehicle occupant unbelted and not properly restrained, which can prove catastrophic during a car accident. A passenger who is unrestrained by a seat belt can end up ejected from the vehicle, thrown through the windshield or windows, or against the roof of the car. Traumatic brain injury, spinal cord injury, crush injuries, organ damage, or death can result.

Some Other Seat Belt Defects:

• Torn or ripped webbing: A defect in the belt causes the webbing to rip or tear, which can leave the vehicle occupant without adequate restraint protection.


• Inertial latching: The seat belt is more prone to coming unbuckled during a car crash.


• Retractor failure: When the retractor fails to hold the belt in place, too much slack can arise. This can cause the occupant to sustain serious injuries during a crash if he/she isn't adequately restrained and kept securely in place.


• Lap-only seat belts: This seat belt only restrains an occupant's lower body and does not protect against chest, abdominal, spinal, or head injuries.

Defective seatbelt flaw ruling costs Kia $40 million, Torque News, June 28, 2011

Related Web Resources:
National Highway Traffic Safety Administration

Car Reviews and Ratings, Consumer Reports

Motor Vehicle Recalls, Safercar.gov

More Blog Posts:
Auto Products Liability: US Supreme Court Sends Window Defect Lawsuit Against Ford and Seat Belt Defect Case Against Mazda Back to the States, Product Liability Law Blog, March 4, 2011

Woman's Wrongful Death Blamed on Faulty Seatbelt System, Product Liability Law Blog, January 31, 2011

Seat Belt Syndrome: Child Safety Continues to Take a Back Seat, Product Liability Law Blog, November 14, 2009

Stepping back from its previous ruling in Geier v. American Honda Motor Company that the automaker could not be sued for car products liability because, at the time, federal safety regulations considered the installation of air bags optional, the US Supreme Court, in Williamson v. Mazda Motor of America, is now saying that this type of auto defect lawsuit—involving the car part chosen by the manufacturer—can proceed.

The family of Thanh Williamson claims that Mazda's failure to install a lap-and-shoulder belt in the rear middle seat of the 1993 minivan caused her wrongful death. Williams was wearing only a lap belt when she died in a 2002 car crash. While Mazda says that it should be immune from their seat belt defect lawsuit because federal safety regulations allowed it to choose which type of seat belt to install in certain rear seats, the US Supreme Court says that unlike in the Geier case, when regulators were still uncertain about the effectiveness of air bags, in the Williamson case, even though automakers had been given the option of which seat belt to install, there was no doubt even back then that a lap-and-shoulder belt was safer for passengers than a lap belt.

To give you a sense of how the high court's ruling is paving the way for other auto products liability complaints that previously may not have stood a chance, this week, it ruled that Priester v. Ford Motor Co. should also get another day in court. The South Carolina Supreme Court had dismissed the car window defect case also on the grounds that federal regulations preempt the lawsuit.

James Lloyd's mom contends that her son may not have been fatally thrown from the vehicle of the 1997 F-150 pickup truck he was riding in during the 2002 rollover crash if only Ford had used laminated side windows rather than tempered glass ones. Federal safety regulations allowed for either option.

Suit Against Ford to Be Reconsidered, The Wall Street Journal, February 28, 2011

Supreme Court: Mazda Can Be Sued for Lack of Backseat Belts in Vans, ABC News, February 23, 2011

Mazda Seatbelt Lawsuit Prompts U.S. Supreme Court Appeal for Claims Shield, Bloomberg, November 1, 2010

Related Web Resources:
Williamson v. Mazda Motor of America, US Supreme Court (PDF)

Geier v. American Honda Motor Company, US Supreme Court, Cornell.edu

More Blog Posts:
Woman's Wrongful Death Blamed on Faulty Seatbelt System, Product Liability Law Blog, January 13, 2011

Ford SUV Rollover Lawsuit: Jury Awards Baseball Player's Family $131 Million, Product Liability Law Blog, September 27, 2010

Seat Belt Syndrome: Child Safety Continues to Take a Back Seat, Product Liability Law Blog, November 14, 2009

Continue reading "Auto Products Liability: US Supreme Court Sends Window Defect Lawsuit Against Ford and Seat Belt Defect Case Against Mazda Back to the States" »

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

According to The Detroit News, manufacturers called back over 19 million vehicles in 600 recall campaigns in 2010—the busiest year for post-production fixes since 2004 when 600 campaigns recalled 30.8 million autos. The National Highway Traffic Safety Administration, which will release its final numbers for the year next month, reported that as of October 25 it had recorded 417 recalls affecting 14.8 million autos. Both the NHTSA and the News placed Toyota at the top of their list of manufacturers with the most recalls. NHTSA's preliminary list reported Toyota having 14 recall campaigns affecting approximately 5.9 million autos, while the News reported nine campaigns involving 4.8 million cars.

The urgency for autos with defects to be recalled immediately kicked into gear in August 2009 when a Toyota sudden acceleration accident involving a Lexus vehicle killed off-duty California Highway Patrol officer Mark Saylor, his wife, daughter, and brother-in-law. The vehicle they were in accelerated out of control when the gas pedal got stuck in the floor mat.

Second on the News' list was General Motors with 21 recall campaigns affecting about 4 million vehicles. Just recently, GM's Cadillac division recalled about 95,927 CTS sports sedans over a problem with its sensing system that could impact airbag deployment. '05, '06, and '07 models are affected. The automaker also recalled over 97,000 Chevrolet Equinoxes, Cadillac SRX's, and GMC Terrain autos, all '11 models, because the safety buckle anchor on the driver and frontal passenger seats may break during a traffic crash. In a smaller recall, GM recalled 1,262 SUV's and trucks, also '11 models, because the vehicles' rear axle cross pins were not made correctly. Vehicles impacted include the Chevrolet Silverado 1500, the Cadillac Escalade, GMC Sierra 1500, and Chevrolet Avalanche 1500.

Auto manufacturers are now under closer scrutiny and must report auto defects within five days of discovering. Our auto products liability law firm hopes that the push to immediately repair safety issues will save lives and prevent serious injuries.

2010 Likely Busiest Year for Auto Recalls in Seven Years, Daily Finance, December 29, 2010

Cadillac Recall: More Safety Gear Can Mean More Recalls, The Wall Street Journal, December 29, 2010

Auto recalls spike in 2010, The Detroit News, December 29, 2010

GM Recall: Cadillac SRX, Chevrolet Equinox And GMC Terrain Models Affected, Star Global Tribune, December 28, 2010

GM recalls 2011 Cadillac, Chevrolet and GMC trucks over axle risks, Torque News, December 28, 2010

Related Web Resources:
Get recall alert notices, Safercar.gov

National Highway Traffic Safety Administration

Auto Recalls, Product Liability Law Blog

Continue reading "More than 19 Million Autos Recalled in 2010 in About 600 Campaigns" »

A jury has awarded the family of Brian Cole $131 million in their SUV rollover lawsuit against Ford for his wrongful death. Cole, a 22-year-old top prospect for the New York Mets, died on March 31, 2001 after he was thrown from his 2001 Ford Explorer on Interstate 10 close to Florida Highway 286. The punitive damages portion of the case was settled for an undisclosed amount. The jury also awarded $1.5 million to Ryan Cole, Cole's cousin who was injured during the single car crash.

This is the third time that Cole's family has sought to obtain auto products liability compensation against Ford. Two other trials had ended in hung juries.

According to the Mississippi sport utility vehicle rollover complaint, Cole's SUV rolled over when he veered the car to avoid striking another auto. Cole's family contends that he died because that particular Explorer model was at risk of rolling over and had a seat belt that was defective.

Ford had argued that Cole was speeding at over 80 mph when he "turned his steering wheel 295 degrees" to lose control of the auto. They also claimed Cole was thrown from the vehicle when it rolled over because he was not using his seat belt. Ford contends that it was denied a fair trial because certain evidence involving the wrongful death case was kept out.

SUV Rollovers
Thousands are injured and killed in rollover crashes each year. Many of these tragic SUV rollover crashes are a result of negligence on an automaker's part. There are many vehicles out there that lack the proper safety features necessary to protect car occupants during a rollover crash. Traumatic brain injuries, spinal cord injuries, roof crush-related injuries, and injuries from being thrown from the SUV are not uncommon. In addition to design and safety defects, other auto defects that can cause serious injuries or death to vehicle occupants during an SUV rollover include seat belt defects, airbag defects, seatback failures, poorly structured vehicle rooftops, tire flaws, and window defects.

Brian Cole's family awarded $131 million in lawsuit, NBC Sports, September 2, 2010

$132M awarded in '01 crash, ClarionLedger, September 3, 2010

Lawyer: Ford, family settle in player crash death, Google/AP, September 2, 2010

Related Web Resources:
Rollover, Frontline, PBS

Rollover, Safercar.gov

This week—September 19 to 25—is Child Passenger Safety Week. The National Highway Traffic Safety Administration uses this time to remind parents, guardians, and others of the importance of making sure that children are securely fastened when riding in motor vehicles.

According to the National Highway Traffic Safety Administration's 2008 Traffic Safety Facts:

• Motor vehicle crashes are the number one cause of fatalities for kids between the ages 3 and 14.
• About 4 kids in this age group are killed a day in US traffic crashes, while another 529 are injured.

There is no doubt that safety restraints can save lives. In 2008, seat belts saved some 12,250 people over the age of 4. 17,402 others could have been saved if everyone in the 5 and over age group had worn seat belts.

As for children in the 4 and under age group, The NHTSA says that child safety restraints reduce fatalities for infants (under age 1) by 71% and by 54% for toddlers (ages 1 to 4). Some 244 kids in the 4 and under age group were saved because of safety restraint use. If all kids under age 5 had used seat belts, some 323 children wouldn't have died that year.

Of course, using the appropriate safety restraint for your child—whether a regular seat belt, child safety seat, or a seat belt accompanied by a booster seat—is not enough. The restraint device must be appropriate for the child's age, weight, and height, free from defects, and installed and used correctly. While parents, guardians, and other caregivers must make sure that children are properly secured, it is also up to the safety restraint manufacturer to make sure that their child safety seat or seat belt has no defects, doesn't malfunction, and comes with the proper instructions for installation and/or use.

If your son or daughter was injured because of a child seat defect, a seat belt malfunction, or because of the safety restraint system came with poor instructions, our child injury lawyers want to hear from you. You may be able to pursue a child products liability lawsuit against the negligent manufacturer, as well as personal injury or wrongful death complaints against other responsible parties.

National Seat Check Saturday
September 25, 2010 is National Seat Check Saturday. Find a child safety seat inspection site near you and let a certified technician inspect your child's safety seat to make sure it is correctly installed. The check is free! The technician can also show you how to use the child safety restraint properly.

Child Passenger Safety Week, NHTSA

Occupant Protection, 2008 Traffic Safety Facts (PDF)

Car Safety Seats: Information for Families for 2010, Healthy Children/American Academy of Pediatrics

Seatcheck.org

More auto safety issues have prompted the recall of more vehicles by some of the largest manufacturers. Our auto products liability law firm wants to remind you that auto defects that cause serious injuries or wrongful death maybe grounds for a personal injury case or a wrongful death complaint against a negligent automaker.

General Motors is recalling 243,000 crossover vehicles because of a possible rear seat belt defect that can occur if the belt becomes damaged when a seat that has been folded flat is restored to an upright position. This can allow a seat belt occupant to mistakenly think that the belt is properly latched. The GM recall involves the 2009 and 2010 models of the Buick Enclave, the Chevrolet Traverse, the Saturn Outlook, and the GMC Acadia.

Also this week, Mazda Motor Corp. announced that it is recalling 215,000 Mazda 5 and Mazda 3 vehicles (2007 – 2009 models) in the US because they might suddenly lose their power steering without warning, increasing the risk of a car crash. The auto defect can happen if rust comes off a high pressure pipe and places strain on the power steering pump, resulting in a system shutdown.

The National Highway Traffic Safety Administration says it has received at least 33 complaints regarding this safety issue. Three of the complaints contend that loss of steering control caused their respective car accidents. While the vehicles use an electric boost to the hydraulic power steering system that is supposed to make turning the car easier, some drivers do not have the extra strength required to maintain control of the auto should the electric boost fail.

Last week, Honda Motor Corp. recalled 428,000 autos in the US and Canada because of an auto defect that can cause a car to roll away if it is not parked properly. This may happen if the ignition interlock lever fails. The lever is supposed to keep they key in the ignition if the vehicle has not been placed in park. Honda vehicles in the US affected by the recall are the Civic, Accord, and Element (2003 and 2004 models).

NHTSA upgraded its investigation into the possible vehicle defect after Honda received reports of 10-related car accidents. NHTSA says it had received 11 car crash reports over the same issue.

G.M. Recall for Seat Belts Affects 243,000 Crossovers, NY Times, August 17, 2010

Steering issues spur Mazda recall; GM recall targets seatbelts, Los Angeles Times, August 18, 2010

Honda to Recall 428,000 Vehicles in N. America, ABC News, August 9, 2010

Related Web Resources:
NHTSA

Auto Recalls, Justia

Continue reading "Mazda, General Motors, and Honda Recall Vehicles Over Power Steering, Seat Belt, and Ignition Issues" »

The National Highway Traffic Safety Administration says that car manufacturers recalled 16.4 million vehicles last year. While there were less recall campaigns overall—492 recall campaigns in 2009 compared to 684 campaigns in 2008, automakers recalled 6 million more autos last year.

Toyota led the car manufacturer list with most vehicles recalled. The car manufacturer's reputation for passenger safety took a beating after four people were killed when its floor mat on the driver's side jammed a 2009 Lexus ES 350's gas pedal, causing the vehicle to accelerate to over 100 mph before crashing. Following the fatal car wreck, the Toyota announced a recall involving 4.26 million vehicles—its largest recall ever—to fix acceleration problems. In total, Toyota announced 9 campaigns and recalled 4.87 million autos last year.

Among the other automakers that recalled vehicles in 2009:

• Ford Motor Co.: 8 campaigns that recalled 4.5 million vehicles.
• General Motors Co.: 16 campaigns and 2.2 million autos recalled.
• Honda Motor Co.: 4 campaigns and 454,000 motor vehicles. Honda was the only auto manufacturer to see a drop in the number of vehicles it recalled in 2009 compared to the year before. The car manufacturer recalled 797,000 autos in 2008.
• Chrysler Group LLC: 15 campaigns and 59,000 vehicles.
• Nissan Motor Co.'s Kia Unit: 8 campaigns and 1.3 million autos.
• Volkswagen AG: 8 campaigns and 100,000 recalled autos.

While recalling a vehicle to fix a particular defect is a positive step toward preventing injuries and deaths, car manufacturers should not be designing, making, and selling vehicles that have any type of vehicle defect to begin with. Auto defects are not minor glitches that can be easily fixed. There are lives at stake whenever someone gets in a car that can potentially malfunction because a specific part was defective or poorly manufactured.

Do NOT be intimidated by a giant car manufacturer when it comes to pursuing an auto products liability claim for personal injury or death. Our auto products liability lawyers represents clients who were seriously injured or lost loved ones in car accidents because of structural defects, faulty engines, a seat back defects, a poorly designed seat belts, weak vehicle roofs, defective tires, faulty airbags, or other flawed vehicle parts.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

Recalls, NHTSA

Related Web Resources:
Auto Recalls, Justia
Consumer Reports

More needs to be done to prove child safety when it comes to seat belts—especially as not all US states require that kids ages 4-8 use booster seats. Unfortunately most seat belts are unable to properly fit over the bodies of many children to ensure maximum protection, which can result in catastrophic seat belt-related injuries, known as seat belt syndrome, during a car accident.

Just last year, one 7-year-old's life changed forever when she sustained seat belt-related injuries during a catastrophic Minnesota car accident. Brynn Duncan was wearing a seat belt, but she had pulled the shoulder belt over her back so it wouldn't sit on her face. The lap belt she was using fell over her stomach. When the vehicle Brynn was riding in crashed, she sustained a crushing spinal cord injury, bowel and kidney damage, and a bruised heart.

Doctors had to remove her kidney, appendix, and gallbladder. Brynn suffered from infection and depression and sustained permanent injuries. She now requires the use of her wheelchair.

Seat belt syndrome is not uncommon and while US states that don't require kids, ages 4-8, to use booster seats should consider whether to revise their laws (which many parents turn to for guidance), there is a lot more that auto manufacturers and seat belt designers can do to make sure that kids and adults are properly protected when wearing seat belts and that these safety devices do not cause serious injury.

Injuries linked to seat belt syndrome include liver injuries, abdominal organ injuries, bowel injuries, chest trauma, blood vessel injuries, sternum injuries, spinal cord injuries, and death. Seat belt injuries that occur because the safety device was designed poorly or because the seat belt malfunctioned can be grounds for the injured party and his or her family to file a defective seat belt lawsuit.

Recently, automaker Ford announced its latest development in seat belt technology: inflatable seat belts. Designed to improve rear-seat passenger protection, especially for kids, the belts contain airbags that are supposed to inflate during certain kinds of auto collisions. Hopefully the new belts can provide the added protection kids and adults need during an auto collision.

Ford Says Inflatable Seat Belt Could Reduce Crash Injuries, Wall Street Journal, November 9, 2009

AAA Minnesota/Iowa & Safe Kids Minnesota Support Enhanced Child Restraint Legislation "The Brynn Duncan Law", Reuters, January 6, 2009

Brynn Duncan's condition worsens, surgery needed, Daily Journal, September 10, 2008

Related Web Resources:
Seat belt syndrome, Wrong Diagnosis

Child restraint laws, Insurance Institute for Highway Safety

Continue reading "Seat Belt Syndrome: Child Safety Continues to Take a Back Seat" »

According to the US Department of Transportation, each year 22,372 serious injuries and 1,652 traffic deaths could be prevented by the use of seat belts, which reportedly saved 15,147 lives in 2007, if seat belt use rates in each use state was at 90%. US Transportation Secretary Ray LaHood calls safety belt use the "most effective traffic safety device every invented."

To show people how serious safety and transportation officials throughout the US are about promoting the use of safety belts, the "Click It or Ticket" campaign will take place this year from May 18 – 31. Over 10,000 police agencies are expected to patrol the streets to catch and cite people that are caught not using seat belts when riding in motor vehicles.

Currently, the National Highway Traffic Safety Administration National Occupant Protection Use Survey reports that the seat belt use rate for 2008 was 83%. However, one out of every five Americans still does not buckle up.

Teens are an age group of special concern. 2,502 of the 4,540 16-20 year old auto occupant victims that died in 2007 were not using seatbelts. 65% of the teen drivers that died in nighttime car accidents that year were not using seat belts.

Defective Seat Belts
In order for seat belt use to save lives and prevent serious injuries, the safety belt must be free from defects so that it works properly. Unfortunately, seat belt defects do occur and car makers have been known to recall vehicles because of defective safety belts. Also, injury victims and the surviving families of those who have died because a seat belt malfunctioned or had a defect have sought products liability and wrongful death recovery from the negligent manufacturers.

Recently, a woman who became paralyzed in a 2006 Colorado rollover accident was awarded a $4.23 million seatbelt defect judgment against Ford Co. Erica Hoffman's auto products liability lawsuit contended that the seat belt was faulty and that it came unlatched during the auto accident.

A Colorado jury awarded Hoffman $18 million, assigning 25% of the liability to Ford. She also settled with TRW Automotive Safety Systems Inc, the company that made the seat belt, as well as the driver of the 1999 Ford Mercury Cougar Coupe that was involved in her rollover accident.

Car makers and seat belt manufacturers must be held liable for negligence when they make and install safety belts that are defective. Vehicle occupants rely on safety belts to keep them secure in the event of a motor vehicle crash. A seat belt that doesn't work properly can cause a vehicle occupant to hit his or her head against the windows or roof of a car. He or she can also get thrown out of the vehicle. A person whose seat belt unlatches during an auto accident could end up with a traumatic brain injury, a spinal cord injury, or massive internal injuries that might otherwise have been prevented.

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Woman wins $4.23 million from Ford in lawsuit, Examiner.com, May 1, 2009

Related Web Resources:
Click it or Ticket, NHTSA

Seat Belt Use in 2008 - Use Rates in the States and Territories (PDF)

Continue reading "Nationwide "Click It or Ticket" Campaign A Reminder of How Seat Belts—When Defect-Free—Can Save Lives" »

Auto manufacturers are responsible for implementing the design and manufacturing precautions necessary to minimize the chances that their vehicles will become involved in a rollover accident. In the event a rollover accident does occur, then vehicle makers must make sure that the structure of the auto can withstand the crash and that there are safety precautions in place to prevent vehicle occupants from suffering serious injuries. Rollover accident victims and their families may be entitled to products liability or wrongful death compensation if a car maker could have done more during the design or manufacture of the vehicle to minimize the seriousness of future injuries.

Last month, the family of TV anchorwoman Polly Gonzalez filed a wrongful death lawsuit against Ford Motor Co. The plaintiffs contend that not only did the seat she was sitting on fail to work correctly, but the roof of the Ford Explorer was not sturdy enough to survive a rollover accident. Gonzales's two children were also injured in the motor vehicle crash.

In an unrelated lawsuit, a man who became a paraplegic after his 2005 Chevrolet Colorado rolled over is suing General Motors Corporation and Davis-Barr Chevrolet Pontiac, Inc. for his spinal cord injuries. In his automotive products liability lawsuit, the man claims that the seat belt and seat of his vehicle malfunctioned. He also contends that General Motors Corp. failed to provide him with the standard of care and duty he was owed when the company failed to exercise reasonable care in the design, manufacture, testing, marketing, and sales of the vehicle he was riding in, as well as neglected to provide appropriate warnings.

Another man, who is now a quadriplegic, is suing Volkwagen for his personal injury from a 2002 auto accident. Owen Milne is seeking an unspecified amount of compensation for products liability and personal injury because the 1999 Jetta he was a passenger in flipped over as his then fiancé, Rebecca Beisswenger, swerved the car to avoid crashing into a vehicle that passed them on a curve in a no-passing zone.

Beisswenger lost control of the car, which rolled over a number of times down an embankment and back onto the highway. The support beams that were supposed to hold up the roof of the Jetta's passenger side collapsed. Milne suffered a vertebrae fracture and his neck became compressed. The seat belt he was wearing failed to keep him securely in his seat. Mline's personal injury lawsuit claims the 1999 Volkwagen Jetta was defectively designed and not capable of keeping its structural integrity during a rollover crash.

South Burlington man sues VW alleging Jettas are unsafe, BurlingtonFreePress.com, January 18, 2009

Lawsuit Filed in Arkansas Roll Over Accident That Left Man Paraplegic, The Open Press, January 24, 2009

Family of Vegas TV anchor suing Ford over crash, Mercury News, January 25, 2009

Related Web Resources:
Rollover, SaferCar.gov

Rollover Information and Prevention, Consumers Union

US Secretary of Transportation Mary E. Peters says that more people than ever before are using safety belts. According to the latest National Highway Traffic Safety Administration figures:

• 83% of vehicle occupants are wearing seat belts during daytime hours this year, compared to 82% in 2007.
• The NHTSA says that an additional 270 lives are saved for every 1% increase in seat belt use.
• 84% of car occupants are using safety belts.
• Pickup truck riders are buckling up 74% of the time.
• 86% of SUV and van riders are using seat belts.
• In 2008, safety belt use on freeways is at 90%, compared to 89% in 2007.

The NHTSA attributes the increase in seat belt use to high profile local, state, and national enforcement efforts, such as "Click It or Ticket" Campaign.

Dangers of Defective Seat Belts
Seat belt use can decrease injuries and save lives. According the NHTSA and the US Department of Transportation, 15,383 lives were saved in 2006 because of safety belt use. However, seat belts can only save lives as long as they are not defective or improperly designed.

Seat belts are supposed to keep an occupant securely in his or her seat in the event of a traffic collision. A defective or poorly designed seat belt, however, can fail to prevent a person from being thrown into the windshield or ejected from the vehicle during a serious crash and may cause additional injuries. In the event of a vehicle rollover, a person using a defective seat belt may be even more prone to catastrophic injuries.

It is the responsibility of auto manufacturers to make sure that the seat belts in their vehicles are working correctly. Unfortunately, some motor vehicle makers have been slow to admit there is a problem with a vehicle once it is out in the marketplace. For more information about defective seat belts, please visit the Seat Belt and Restraint System Defects section of our Web site for more information.

Seat Belt use Hits Record Level in 2008, DOT.gov, September 17, 2008

Seat Belt Use Report (PDF)

Related Web Resources:

Click It Or Ticket, NHTSA

Seat Belt Injuries Could Signal More Serious Trauma In Children, ScienceDaily, August 10, 2007

Continue reading "As Safety Belt Use Increases, So Does The Need to Eliminate Seat Belt Defects" »

We have previously written about how Auto Safety lawsuits helped to improve the rollover resistance of Sport Utility Vehicle (SUV) design – with manufacturers adopting some of the design and testing techniques advocated in lawsuits for decades, to produce safer, more rollover resistant SUVs. In other areas as well, auto safety suits and the publicity and awareness they generate have led to important auto safety improvements. Another example: preventing buckles from releasing themselves in the course of an accident.

Until relatively recently, many vehicles used seat belt buckles with buttons on their sides, rather than their ends. These were exposed to unintended release in accidents, including side impacts where the buckles would strike a center console or the occupant's hip, inertially releasing the buckle (where inertia effectively "pushes" the button, undoing the seat belt). Most vehicles have now moved to end release designs. This is good, but not enough. End release buckles can also be released inertially unless they use a very inexpensive small part – which costs just pennies – that prevents such release. Fortunately, these release-resistant buckles are found in many vehicles – the rest need to follow suit. Most car makers also require that the buckle release button be recessed and small enough that it isn't exposed to accidental release from an elbow or hand flailing in an accident. They use a very low-tech test for this: It should be impossible to push the button with a steel ball 30 mm or larger. Unfortunately, a few seatbelt systems fail to meet this simple, common sense test.

As with SUV rollover, we've made great progress. Now we need car makers to fix the few "bad apples" still on the road. Where folks are conscientious enough to wear their seatbelts, the manufacturer owes it to them to provide a belt that will stay on in the accident.