Product Liability Law Blog

A jury has awarded the family of Sarah Goodner a $1.8 million auto products liability verdict for her wrongful death. The 19-year-old sustained fatal injuries during a rollover car accident involving a Hyundai Tucson in July 2007.

Sarah and her sister Rebekah, then 16, were taking turns driving from San Angelo to Dallas Texas when the tragic car crash happened. At some point, Rebekah fell asleep at the wheel. Sarah, who had reclined her seat so she could rest, woke her sister up and that was when the younger girl overcorrected the sport utility vehicle, causing it to rollover three times.

While Rebekah’s seat belt kept her securely in her seat, Sarah slid out from under safety belt. She was thrown out the rear window and suffered fatal head injuries. Sarah’s family then sued Hyundai for Texas auto products liability.

Reclining Car Seat Defect
Experts say that 45 degrees is the farthest angle that a car seat can recline back before it becomes dangerous. During the auto products liability trial, evidence presented showed that the reason the seat belt failed to keep Sarah in her chair was because the seat was fully reclined. This allowed her to slide out from under her safety belt. Her family’s wrongful death lawyers accused Hyundai of failing to use available technology that would keep seats from reclining beyond the 45 degree angle and that this negligence on the part of the automaker cost Sarah her life.

On April 22, a federal jury found Hyundai responsible for Sarah’s wrongful death. They agreed with the plaintiffs that the seat was defectively designed because it was able to recline too far back. This is the first time that a jury has found that a reclining seat defect can prove fatal during a car accident.

Car's safety design defect caused teen's death, Colorado Connection, May 5, 2010

Teen's death in Big Country brings $1.8M judgment against Hyundai, Reporter News, April 30, 2010

Related Web Resource:
Hyundai

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Automotive Product Liability , Seat Back Defects , States , Texas , Wrongful Death

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A jury has awarded a 12-year-old boy a $12 million tire tread separation verdict for injuries he sustained in a 2006 New Years Eve auto accident in Mexico. Jesus Guzman, who was 10 at the time, is now paralyzed. The tire was a Goodrich tire made by Michelin & Cie.

The deadly motor vehicle accident happened outside Matamoros when one of the tires of a 2002 Ford F-250 pickup truck failed, causing the motor vehicle to swerve head on into a Chevrolet suburban. Everyone riding the SUV died—four of the casualties were under age 14. Loved ones who were riding in the pickup truck along with Guzman were injured.

According to the defective tire lawsuit involving injuries to a child, leaking roofs and broken air conditioners at a Michelin plant caused the tire maker’s machines to make defective tires that could likely fail. By issuing its $11.96 million verdict against Michelin for Guzman's spinal cord injury, the Texas jury rejected the tire manufacturer’s claim that the Ford truck’s bumper had scraped off the top of the tire.

Tire Tread Separation
The treads of a tire (especially steel-belted radial tires) can become separated. Because the steel does not properly adhere to the tire, driving at high speeds or hot weather can cause the separation to happen. Tire tread separation is linked to design and manufacturing defects.

Tire tread separation can lead to tire blowouts that can cause the driver to lose control of the vehicle and drive off the road, into oncoming traffic, or roll over. SUV’s are especially prone to rollover crashes during a tire blowout.

The fallout from being involved in an auto accident caused by tire tread separation can be catastrophic.

Just last week, the six members of the Scotland Yard Gospel Choir were hurt during a van rollover crash that was caused by what investigators believe was tire failure. Head trauma and broken bones were some of the injuries that the victims sustained.

Auto crashes that are a result of tire defects, including tire failure, tire tread separation, tire blowouts, and tire/rim explosions are preventable. This is one reason that a tire maker should be held liable for auto products liability. Car crashes can be deadly, which is why it is a tire manufacturer’s responsibility to make sure that their tires are free from defects that could cause a deadly motor vehicle accident.

Michelin Tire Tread Separation Lawsuit Results in $12M Verdict, AboutLawsuits, September 21, 2009

Michelin Loses $12 Million Verdict in Suit Over Crash, Bloomberg.com, September 10, 2009

Chicago's Scotland Yard Gospel Choir injured in van accident, Chicago Sun-Times, September 25, 2009

Related Web Resources:
Tires, NHTSA

Consumer Reports

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Automotive Product Liability , Injuries to Children & Minors , Kids in Cars , Spinal Cord Injuries , States , Texas , Tires

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