Personal InjuryFasinating History of Auto Defect Litigation
Role of Litigation in Automobile Safety
Toyota's recent recall has brought a lot of attention back to the issue of automobile safety and defects. In the case of Toyota, the whole scandal was exacerbated by documents showing that Toyota was knowledgeable of their potential defects, and that they attempted to hide these defects from regulators and the public. Toyota proceeded to boast saving money for recalling a limited number of defective vehicles. For their poor decisions, Toyota has received the largest fine ever incurred by an auto manufacturer.
The Toyota story is just another example of the way regulation is incomplete as a safeguard against automobile defects and of how manufacturers continuously choose profit over the safety of the motoring public. It has taken 50 deaths and 8.5 million recalled vehicles to bring Toyota to a point of justice, public embarrassment, and hopefully, change, but this is only the latest of many scenarios featuring defects that have been corrected, eventually, by lawsuit and litigation.
Until the '60s, car manufacturers were liable only for defects in construction that resulted in accidents. Because of this, manufacturers have been able to avoid responsibility for design defects -- even when these defects caused vehicles to burst into flames. Manufacturers relied upon persuading courts that it was not their duty to conquer creating fireproof automobiles.
In the '60s, however, court cases began highlighting the dangers in car designs and the negligence of the manufacturers who shrugged off the importance of safety. The case of David Larsen, who, in 1964 received the full force of his Chevy Corvair's steering mechanism to his head during a head-on crash, marked a landmark decision to hold manufacturers accountable for their vehicle designs. General Motors, at the time, claimed that they "had no duty to design an automobile that would protect the occupant if an accident occurred." The court disagreed.
Defects have since been acknowledged in vehicles whose designs are unsafe and risky for passengers. Thinking of vehicle designs as safe or defective has allowed regulators, courts, manufacturers and the public to hold vehicles, their designs and components, to high expectations where no vehicle that is "unsafe" or "defective" can effectively be sold, or continue to be sold after the defect is exposed.
The civil justice system has, since the '60s, worked hand-in-hand with regulations to protect the American public by calling for innovations in safety. Toyota's current status, and fine, reflect the way litigation helps hold manufacturers in check and how safety is only increasing as a necessary priority in the car industry.
Related articles on auto defects:
GM Seat Belt Failure Recall -- When you're involved in an accident, you expect your seat belt to protect you and your passengers from serious injury. Many times, though, seat belts fail to keep occupants securely fastened in their seats. Seat belts are not supposed to release or become loose in accidents. This is the time when you need them the most. Unfortunately, seat belts fail all too often and people are seriously injured by being thrown from their vehicles.
Timeline of Important Auto Defect Litigation Events -- In 1916, Donald MacPherson was driving his 1920 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.
Car Seat Back Testing Gets an F -- The National Highway Traffic Safety Administration (NHTSA) standards for car seat backs have not changed since 1967!
Tire Defects -- The Ford/Firestone tire recall of August 2000 can be documented as the time when the problem of defective tires reached a tipping point ...
Defective Seat Belts -- Various defective vehicle designs have been improved upon through court decisions. Unfortunately ...
Roof Crush -- Many auto defects have been corrected, albeit slowly, through decades of injuries and lawsuits. Luckily ...
The Dangers of Defective Car Seatbacks Exposed -- Over the past decade, the media has widely covered instances of fuel system, airbag and seatbelt defects, but there is another dangerous defect that has not reached the public's attention ...
The Slow Development of Air Bags as a Safety Standard -- A 19-year-old college student from New Hampshire was killed in an vehicle accident ...
Electronic Stability Control Created to Increase Safety of Rollover-Prone Vehicles -- As more and more people bought and drove SUVs, it became very clear that the SUV design was unstable and caused rollover accidents ...
Car Seats Among Most Widespread of Auto Defects -- Until only recently, the NHTSA regulations regarding vehicle seats and seat backs have been incredibly lax ...
Current Issues with Auto Product Defects
Toyota Sudden Unintended Acceleration
Toyota Recalls Almost 4 Million Vehicles For Floor Mat Entrapment
Consumer Complaints About Sudden Unintended Acceleration (SUA) in Toyotas
Sudden Unintended Acceleration Claims Lives
Toyota Sudden Unintended Acceleration Problem is Reminiscent of Ford Explorer Defects
Toyota Lexus Hybrid Fuel Leaks
Hyundai Recalls Defective Cars
Back to Car Safety Defect Home
(click on icons for more information)
SLS Consulting
