Challenging the Auto Industry in Defective Seat Back Cases
A defective seat back has the potential to cause catastrophic injuries to the vehicle’s occupants. Unfortunately, the auto industry appears to try to shirk responsibility at every turn. Nobody gets into a car expecting to be involved in a serious car accident. On the other hand, the vehicle’s occupants should expect the car to provide some degree of protection if an accident arises. This is where a defective seat back, and the consumer expectation test (CET), become critically important. Some of the key points that have been discussed include:
- What are the dangers of a defective seat back?
- What is the role that the consumer expectation test plays in cases involving defective seat backs?
- Can this test be expanded to other situations involving motor vehicle accidents?
The answers to these questions have tremendous implications for consumer safety, potential legal action, and the auto industry’s responsibility for their own products.
The Dangers of a Defective Seat Back
While there are inherent risks that come with driving or riding in a motor vehicle, people still expect the product to meet certain safety standards. This should be true of every part of the car, particularly the seat backs. Today, most seat backs are adjustable and can be moved to fit the comfort or desire of the passenger. Despite this flexibility, the seat back should still remain strong during a car accident. Unfortunately, this is not always the case.
In a study commissioned by the Center for Auto Safety in 2016, over a 25-year study period lose to 900 children were killed in impacts involving a defective seat back. Notably, all of these cars were manufactured in the 1990s or later, when stricter safety standards should have been in place. Unfortunately, the standards regarding seat back strength have not been updated since the 1960s. On a high-energy impact, the seat back collapsed, crushing the children in the seat. Who should be responsible for these tragedies? That is where the consumer expectation test (CET) is important.
Watch YouTube Video ~ Deadly car defect threatens backseat passengers by CBS This Morning. The video that appears below describes the dangers of defective seat backs. In this video, you will learn about some of the innocent victims tragically hurt by this auto defect which could be fixed inexpensively by manufacturers.
The Application of the Consumer Expectation Test in Defective Seat Back Cases
Several years ago, a tragic auto accident took place. A driver fled a hit and run accident that took place on a freeway, exiting the scene onto a surface street. There, the driver plowed into several vehicles that were stopped ahead of him at around 85 MPH, causing a multi-car pileup. In one of the rear impacts, a vehicle occupant’s seat back broke, causing devastating injuries. If her seat back had held up, this person would not have suffered these injuries.
The injured person took the case to trial. This individual contended that, under the consumer expectation test (CET), this product did not meet reasonable expectations and safety standards. The auto industry contended that the design of the product was too complicated for the jury to comprehend. The judge, on the other hand, disagreed and allowed the CET to be applied at trial. The jury returned a verdict in favor of the individual, demonstrating the power of CET in defective seat back cases.
Expanding the Consumer Expectation Test
The consumer expectation test can even be expanded to other vehicle defect cases. In a case involving General Motors back in 1994, an individual was driving their car when the driver’s side front wheel broke free. As a result, the wheel smashed through the floorboard of the vehicle, causing catastrophic injuries to the driver’s feet. In this case, the consumer expectation test was used on behalf of the driver. While there are risks that come with operating a motor vehicle, a reasonable person would have expected the vehicle floorboard and the wheel to work appropriately. While General Motors challenged that the jury could not understand the intricacies of the design of the wheel and floorboard, the consumer expectation test was again allowed to stand. The court contended that most people operate a car routinely and have reasonable expectations regarding its safety.
Withstanding Challenges from the Auto Industry
The auto industry is incensed by the consumer expectation test. At every turn, these manufacturers will seek to undermine its credibility. In order to prevent this from happening, those who have been injured by defective vehicle products should remember several points. These include:
- Prior cases have upheld the use of the consumer expectation test
- Consumers operate motor vehicles with regularity and should have minimum expectations about how their vehicle should perform
- Vehicle seat backs should not collapse from an impact at highway speeds
This will go a long way toward aiding those seeking damages in an accident involving a defective vehicle.
Sacramento Products Liability Lawyer
I’m Ed Smith, a Sacramento Personal Injury Lawyer. It is appropriate for consumers to have minimum safety standards regarding their product. Should you or someone you care about suffer serious injuries due to a defective auto or auto part, please reach out to me at (800) 404-5400 or (916) 921-6400 to receive free, friendly legal guidance and advice.
I’m proud to be a part of the Million Dollar Advocates Forum & of the Top One Percent, which is a National Association of Distinguished Counsel.
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