The Ford Airbag recalled this week was the second of many such incidents, following a high profile case brought against Ford. The first was of course the Ford Explorer being destroyed in a rollover crash. That accident is also currently undergoing litigation in the courts. So what can we learn from this latest case involving Ford and airbags?
In the complaint brought against Ford and the manufacturer by the victims of the rollover accident, there were two main errors made. First, the Ford Airbag did not protect the passengers in any significant way from danger or injury. Second, the manufacturer did not have a seat belt design that would prevent the passengers from being thrown out of the vehicle in a collision. Both of these factors, according to the plaintiffs who have brought the lawsuits, constitute a violation of the Americans with Disabilities Act (ADA) and the Tort statute.
In a case such as the one currently before the courts in Detroit, the Ford Airbag recalled this week had been found to be defective because it did not properly protect the plaintiff or the third parties involved in the accident. In that case, the Ford Airbag failed to properly restrain and protect the plaintiff’s body in a motor vehicle rollover accident. According to the complaint, the airbag failed to provide a reasonable probability of avoiding a wrongful death or injury to the plaintiff. The claim was that the airbag caused the injuries to the plaintiff resulting from the accident. Although the case ultimately was ruled in the plaintiff’s favor at trial, Ford had to pay out settlements to the three drivers involved in the accident as well as the passenger who were killed in the collision. That was a judgment in excess of $3 million.
The ruling in the Ford Airbag recall litigation brings to light some important issues regarding the design defects and the liability of the manufacturer. Although the design defects were found to exist, the jury was unable to find that Ford intentionally designed the faulty devices to allow the vehicles to roll over without protection from these potential hazards. While determining whether or not there was a liability issue is impossible to determine without a lawsuit, the lesson to be learned here is that vehicles need to be designed so that they are less likely to roll over when their occupants are not wearing seat belts.
This lesson also needs to be taken to ensure that other corporations are more responsible for their products. There have been many cases recently in which there have been defective safety systems installed in cars and other vehicles. Those drivers, who were not properly trained in using these safety systems, have been injured and even killed. Clearly, drivers need to know the regulations and requirements for their particular vehicles so that they are not held liable for injuries to innocent passengers who were not wearing seat belts. A case such as the Ford Airbag lawsuit should remind drivers that they need to learn about their vehicle’s safety features and install any necessary upgrades.
The lesson to be learned here is that it is up to the manufacturer to ensure that their vehicles are safe to drive by installing appropriate safety features and by hiring a qualified trained safety consultant to inspect and verify the installation of new equipment and components. When a manufacturer fails to do so and when a car or truck is involved in an accident that was caused by defective marketing defects, then it is clearly open to a class-action lawsuit. No matter how much the insurance company may try to bury the facts, it is important for plaintiffs’ lawyers to investigate and determine whether or not the Ford Airbag recall is related to marketing defects. When this happens, hopefully the surviving family members of the victims will be able to receive compensation for their suffering.