Personal InjuryTimeline of Important Auto Defect Litigation Events
In 1916, Donald MacPherson was driving his Buick Roundabout when the wooden spokes on one of his wheels crumbled. Donald's car collapsed, and he was ejected from the Roundabout. "If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger," said Judge Benjamin Cardozo with respect to Donald's case. "If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully." Automakers are liable for automobile defects.
The late 1960s saw the beginning of a new era of auto defect litigation. In 1968, David Larsen was involved in a head-on collision in his Chevy Corvair. Upon impact, the Corvair's steering mechanism was rammed into David's head. In court, General Motors tried to claim that it had no duty to design vehicles that would protect the occupants in a collision. The court disagreed, sending a message that car manufacturers need to have the occupant's safety in high regard.
1969 saw a rollover, roof crush accident involving a 1965 Buick Electra. The passenger was severely injured in this accident, and the courts held that "it is the obligation of an automobile manufacturer to provide more than merely a movable platform... the passengers must be provided a reasonable safe container within which to make the journey." The roof is considered part of the container.
Nearly a decade later in 1978, a Wyoming court held Ford liable for the death of two women riding in the back of a Thunderbird during a low-speed collision. The women were strapped into rear seats of the Thunderbird when the vehicle was hit head-on. The two men in the front seats, husbands of the women, survived. The court decided that the rear seats were defective and improperly designed. In a head-on collision the rear seatbelts were not designed to restrain the passengers or prevent them from jackknifing forward where they would hit the front seats which lacked cushion to soften the impact.
1981 was a big year for auto defect liability lawsuits. First, a court found that Ford knew its Pinto model was susceptible to deadly fires and explosions, as the gas tank design placed the tank in an exposed, rear position. When the Pinto was rear-ended, the gas tank was impacted, igniting flame. An exposed gas tank in the rear of the vehicle is not considered a sufficient or safe design.
Next, a police officer was rendered quadriplegic after the Chrysler he was driving hit a steel pole and ripped in half. The divided frame design was deemed defective.
Later that year, a Jeep that had been marketed as an "off-road" vehicle cost American Motors Corp a lot of money. One of their Jeeps rolled over while descending a hill at low speeds. As the vehicle flipped, the roll bar crushed the occupants.
Honda's first model sold in America was the low-price, economical AN 600. When Glen Dorsey was involved in a low speed collision in his Honda, in 1981, he was seriously injured and left with permanent brain injury. The court uncovered that Honda was aware of how vulnerable the vehicle was to any kind of impact, but had not strengthened the design because it was meant to be, more or less, a "cheap car."
In 1982, Ford's 1966 Lincoln Continental was exposed as being equipped with defective brakes. Apparently, the company attempted to cover up this fact so as to not tarnish the "service free" reputation the Continental had previous upheld. The defect became known to the public when a 19-year-old boy suffered a fractured skull and extensive brain damage after the brakes on his Continental failed. That was in 1970, and Ford fought the case for 12 years until their loss awarded compensation to the injured man.
A 2004 court decision exposed internal documents from Ford that the company had tried to cover up their vehicles' defective door handles that were prone to opening during accidents. This defect was highlighted by an accident where a woman was ejected from her 1997 Ford pickup when her tire blew and the door flew open. She was paralyzed from the chest down.
In 2006, a 29-year old single mother was driving her Chevy Blazer when she experienced a rollover accident. During this accident, the roof gave in and caused her severe injuries. In one of the largest court judgments ever, she was awarded $18.6 million because of the link between rollover accidents, vehicle roof-strength, and severe injury.
2007 rounded up the end of a case that brought attention to defective seat belt latches. A man was driving his Dodge Minivan when he experienced a low-speed rollover. The defective seatbelt unlatched as the vehicle rolled, and he was set loose in the van and eventually was ejected. He suffered a broken neck and catastrophic head injuries that resulted in his death. The "Gen 3" belt latch was deemed defective because it extended above the encasing, and could be easily depressed by accident. Apparently Chrysler's engineers were already aware of this defect.
Though that is the last of the notable cases that have helped hold auto makers accountable for vehicle safety standards, these innovations are still happening in court rooms everyday. The role of litigation in drawing attention to automobile defects, bringing justice to victims of defects, and strengthening the regulations that govern the auto industry, is unparalleled in importance when the automakers themselves cannot be relied upon to choose safety.
Read more about the role of litigation in auto safety.
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