Articles Posted in Product Liability

Noriko Uno’s case is the first so-called “bellwether” case to head to trial that could dictate whether Toyota Motor Corp. will be held liable for its vehicles suddenly and unintentionally accelerating. Uno feared driving her 2006 Toyota Camry too fast and often avoided the highway, travelling on city streets to and from work every day. In four years, Uno had only put 10,000 miles on her vehicle. It was one unfortunate, tragic day that the sixty-six-year-old bookkeeper lost the ability to keep her car under the posted speed limit of 30 mph. Her car unexpectedly accelerated and reached speeds up to 100 mph. She tried everything she could to slow down, slamming down on the brake pedal and even pulling the emergency brake handle while she swerved to avoid crashing into other vehicles. Uno was ultimately killed when her vehicle travelled onto a median and crashed into a telephone pole and a tree.

Uno is not the only individual who faced the unexpected acceleration issue with a Toyota vehicle. This claim was led to a number of lawsuits, settlements, and the recall of millions of Toyota automobiles. According to Garo Mardirossian, the attorney representing Uno’s husband and son, “Toyota decided to make safety an option instead of a standard on their vehicles. They decided to save a few bucks, and by doing so, it cost lives.” Toyota claims that Uno’s Camry suffered from no defects. The company has blamed Uno’s and other similar accidents on accelerators that got stuck, driver error, and floor mats that trapped the gas pedal. Toyota has settled some wrongful death lawsuits and has agreed to pay over $1 billion to owners who argue that the value of their Toyota vehicles has plummeted due to massive recalls involving the sudden-acceleration issue.

Currently, there are more than eighty cases that have been filed in state courts that are similar to Uno’s case. There have also been federal lawsuits where plaintiffs claim that Toyota’s electronic throttle control system was defective and caused unexpected surging in vehicles. The National Highway Traffic Safety Administration and NASA failed to find any evidence of electronic problems in the vehicles and Toyota has denied the allegation. The Uno trial will likely revolve around the issue of why Toyota did not equip its U.S.-sold Camrys with a mechanism to override the accelerator if the brake and gas pedals are pressed simultaneously. The company did equip its European-sold vehicles with the override system.

Toyota sudden acceleration case set to begin in CA, www.miamiherald.com July 21, 2013

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Chrysler Group has announced a recall of 45,961 Ram trucks because their electronic stability control systems may not operate properly when the vehicles are turned on. The vehicles affected are Ram 1500 4×4 trucks manufactured between June 26, 2012, and February 5, 2013. According to Chrysler, the electronic stability control system may become disabled due to a software problem when the pickups start.

The electronic stability control system supports vehicles, keeping them upright and maintaining the proper direction even if the driver swerves or loses control. When the system becomes disabled, the risk of crash increases. Chrysler received several warranty complaints that led to an investigation into the issue. The company says no accidents have been reported as a result of a disabled system. Car dealers will update the vehicle software free of charge. Chrysler will begin notifying vehicle owners that are affected by the recall next month.

Chrysler recalling nearly 46,000 2013 Ram trucks, www.palmbeachpost.com July 16, 2013

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Two seventeen-year-old females from Indiana remain in critical condition at a Panhandle hospital after a parasailing accident Monday off Panama City Beach. According to the Florida Fish and Wildlife Conservation Commission, the young women were parasailing near the beach when the line that was attached to the boat snapped, causing the girls to crash into a building, power line, and parked car. The FWC stated that Alexis Fairchild of Huntington, Indiana, and Sidney Renea Good of Roanoke, Indiana, remained in critical condition at Bay Medical Center as of Tuesday.

According to witnesses, strong winds caught the detached parasail, severed the line, and threw the teenagers around the beach. Michael Kennedy and Cole Adair, two vacationers from Georgia, stated that they attempted to help the teenagers after the parasail crashed into an SUV on the ground. Another tourist, Amy Barron, said she saw the girls hit either a utility pole or a power line before they landed in a parking lot. The FWC is currently investigating the incident. A spokeswoman from the FWC, Karen Parker, said that investigators are looking into the possibility of equipment failure. Parker said the investigation could take a good deal of time to complete.

2 seriously injured in parasailing crash, www.palmbeachpost.com July 2, 2013

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The federal government is delaying regulations again on whether new automobiles must come equipped with rearview cameras, which protect people who may be in drivers’ blind spots as drivers reverse their vehicles. This delay serves as a victory for auto manufacturers who say the cameras are just too costly. Ray LaHood, Transportation Secretary, sent letters to three members of Congress on Thursday that said more research is needed. LaHood set January 2015 as the new deadline for the regulations.

Each year, approximately 17,000 people are injured and 228 killed as a result of back-over accidents. Many of these accidents occur in parking lots and driveways. Children and the elderly are the most frequent victims of these accidents, with over half of the deaths involving children under the age of ten. The emotional toll of these accidents is often very high because many of the drivers are parents or family members of those injured and killed. Senator Jay Rockefeller, chairman of the Senate Commerce, Science and Transportation Committee, said, “The fact is simple – we know installing rear cameras in cars will prevent injury and death.” He urged the Obama administration to move forward with the regulations and mandate that rearview cameras be installed in all new vehicles because children’s lives are at risk.

In 2008, Congress passed a law that required the government to issue final regulations that will protect against back-over accidents by February 28, 2011, and have the regulations in place for model year 2014 automobiles. However, the regulations have continually been delayed. The law that Congress passed in 2008 did not require that mandatory rearview cameras be a part of the regulations, so long as another solution was provided. But, the National Highway Traffic Safety Administration conducted a study of backup-accidents more than two years ago and found that rearview cameras were the best solution and recommended that they be installed in all new automobiles. NHTSA estimated that requiring the cameras in all new automobiles would add $58 to $88 more to the price of vehicles already equipped with dashboard screens and $159 to $203 more for vehicles without the screens.

Gov’t delays requiring rearview cameras in cars, www.miamiherald.com June 20, 2013

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Chrysler agreed Tuesday to recall 2.7 million older model Jeeps, deciding to abruptly reverse its previous defiant position and avoid a potential public relations fiasco. At the center of the controversy are fuel tanks that have the potential to catch fire when the Jeeps are involved in rear-end collisions. If Chrysler continued to resist the recall it faced a showdown with federal government safety regulators that could have led to public hearings where witnesses would come forward and testify about deadly collisions involving the Jeeps at issue. This controversy could have ultimately led to courtroom proceedings and destroyed Chrysler’s image and financial stature.

The government requested a recall earlier this month of Jeep Libertys from 2002 through 2007 and Jeep Grand Cherokees manufactured between 1993 through 2004. Chrysler refused the request, but reversed course after numerous calls from concerned consumers. The National Highway Traffic Safety Administration stated that the Jeep’s gas tank can burst if hit from the rear, which in turn can cause the vehicle to burst into flames. NHTSA, which is the agency responsible for monitoring vehicle safety, conducted a three-year investigation of the vehicles. The investigation revealed that fifty-one people were killed in crashes involving Jeeps with gas tanks situated near the rear axle that caught fire.

Just two weeks ago, Chrysler claimed that the vehicles were not defective, despite the NHTSA allegations and investigation results. Tuesday, the company again reiterated that the vehicles are safe. Chrysler stated that dealers will fix the problem by inspecting effected Jeeps and installing hitch trailers to protect the gas tanks. Any Jeeps lacking a hitch will get one, vehicles with a broken hitch will be able to have it replaced, and vehicles with a hitch from a company other than Chrysler will also receive new hitches. Chrysler did not release the cost of the trailer hitches.

Chrysler agrees to recall of Jeeps at risk of fire, www.palmbeachpost.com June 18, 2013

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Toyota Motor Corp. announced Wednesday that it will recall approximately 242,000 Prius and Lexus hybrid automobiles due to braking system problems. The recall includes about 9,000 Lexus HS250h vehicles built between June and October 2009 and about 233,000 Prius cars built between March and October 2009. The Lexus sedans were sold only in Japan and the U.S., but the Prius automobiles were sold worldwide. Of the 242,000 vehicles affected by the recall, 91,000 were purchased in North America and another 30,000 were bought in Europe.

Toyota stated that slower response times may result from the braking system problem. The brake pressure parts installed in the automobiles could crack due to vibration because they are composed of a weaker material. While the company has received numerous complaints about the braking system, no accidents, injuries, or deaths have been reported. The company has faced some serious blows to its reputation over the past few years after it had to recall thousands of vehicles in both 2009 and 2010 for problems including faulty braking, defective floor mats, and sticky gas pedals.

Toyota recalls 242,000 Prius, Lexus hybrid cars, www.palmbeachpost.com June 5, 2013

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One of the leading car manufacturers, Ford, announced that it will recall approximately 465,000 cars and SUVs because of fuel tank leaks that could cause fires. The world-wide recall affects the 2013 models of the Ford Fusion, Explorer, Flex, Taurus, Police Utility and Police Interceptor. Additionally, the 2013 models of the Lincoln MKZ, MKT, and MKS are all subject to the recall.

The company stated that the source of the leak is a connector from the fuel tank to the fuel line. This leak could cause consumers to smell gas or to see a leak on the ground. No fires or crashes have been reported at this time as a result of the connector problem. A Ford spokesman stated that dealers will replace the fuel delivery module, which includes the connector. Nearly 400,000 of the vehicles being recalled are located within the United States. Another 23,000 are in Canada and 7,600 in Mexico. The other affected vehicles are said to be located in Europe, Asia, South America, and other areas.

Ford recalling 465,000 vehicles for fuel leaks, www.palmbeachpost.com June 3, 2013

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One skydiver is dead and another has sustained serious injuries in two separate incidents in Florida. Sixty-two-year-old Michael Trusser of DeLand, Florida was skydiving in central Florida, according to authorities, when a rough landing caused him to suffer serious injuries. It is suspected that Trusser possibly hit a motor vehicle as he landed in a Volusia County Schools bus terminal Saturday afternoon. Trusser was transported by helicopter to a hospital. Sgt. Chris Estes told the Daytona Beach News-Journal that Trusser’s parachute caused him to fall too quickly because it had a “hard opening.”

In northeast Florida that same day, seventy-three-year-old Lawrence Elmore of Keystone Heights died when his main parachute failed to open. Elmore was performing a solo jump at Palatka Municipal Airport. Police report that Elmore’s reserve parachute did not open in time. According to the owner of Skydive Palatka, Elmore was an experienced skydiver who had performed somewhere near 6,000 jumps. Elmore was seen spinning in the air as he fell to the ground, according to witnesses. No foul play is suspected.

1 skydiver dies, another injured in Florida, www.palmbeachpost.com May 26, 2013

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The lives of numerous northern California families changed forever Saturday night after five women died in a limousine blaze with a cause still yet to be determined. The limousine was travelling westbound on the San Mateo-Hayward Bridge in Foster City, California, packed full with women celebrating a bachelorette party. The blaze seemingly arose out of nowhere and engulfed the back half of the vehicle within minutes. Four women were able to escape through the partition separating the front and back halves of the vehicle. The driver was also able to exit the vehicle safely. Unfortunately there was not enough time to save five of the women who were all found deceased, pressed up against the partition.

The limo driver, Orville Brown, said the horror started when he heard someone knocking on the partition, making a comment about smoke. He assumed the women were asking if they could smoke inside the vehicle, so he responded no smoking in the limo. The taps quickly turned into urgent knocks followed by screaming “smoke, smoke” and “pull over.” Brown said he immediately pulled the limo over and started trying to help the women through the partition. The first woman who escaped ran to the back of the vehicle and flung open the door, but it was already too late. Brown said that “within maybe 90 seconds, the car was fully engulfed.” The five women who were killed pushed their way to the partition because smoke and fire kept them from utilizing the rear doors. The smoke and fire overcame the passenger part of the limo too quickly for all of the women to make it through the partition. Among the dead was the bride-to-be, Neriza Fojas, a nurse at Community Regional Medical Center in Fresno, California.

Brown said he thought the blaze was an electrical fire. He said “it could have been smoldering for days” and that there was never an explosive boom. Investigations continue this week into the cause of the fire, but overcrowding has not been ruled out as a reason for the deaths. The Public Utilities Commission had only authorized the limo to carry eight or fewer passengers at a time, but on the night of the fire there were nine passengers. The Commission requires that all of its carriers maintain daily vehicle inspection reports and have some sort of preventive maintenance program in place. Carriers also have to certify that they have or are enrolled in a safety education and training program.

Limo driver: Fire took 3 minutes to claim 5 lives, www.palmbeachpost.com May 6, 2013

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