In the 70’s, American automaker Ford Motor Company gained notoriety for its infamously dangerous compact sedan, the Ford Pinto. A controversy arose which alleged that the Pinto’s structural design was dangerous as the positioning of the fuel tank in the rear when punctured in a crash, could cause a fire or an explosion. Of the 180 fatalities listed from Ford vehicles, 27 of those deaths were attributed to Pinto fires and the same number in Pinto transmission problems.
Following several civil claims and criminal charges filed against the company, Ford recalled 1.5 million Pintos in 1978. In 1981, the vehicle was retired for good.
Following a precedent set by the case of Grimshaw v. Ford Motor Company for its defective gas tank lawsuits, a motor vehicle company can be held liable for personal injury damages if it had knowledge of design flaws that may result to serious injury. It was upheld by the California Court of Appeal for the Fourth Appellate District that Ford is liable for compensatory damages worth $ 2.5 million and punitive damages worth $ 3.5 million because it found that the company was aware of the design defects but failed to correct or make the design safer.
Under the law of product liability, all companies whose products are sold to the public, have a legal duty to provide safe and quality products and inform consumers of the risks and dangers using the product.
The failure of these companies to uphold this legal duty can result to a product liability claim which may either be a personal injury or wrongful death complaint, depending on the severity of the injury suffered by the consumer.
There are three different kinds of defects which would constitute product liability and give rise to a claim against the company. These are:
• Manufacturing Defects – These are usually made during the manufacturing process and may arise because of bad quality of workmanship as well as sub-standard materials used in the product. An example would be toys or products with high levels of lead or the “sticky” accelerator of Toyota.
• Design Defects – As shown by the case of the Ford Pinto, a design defect is present when the product design is inherently dangerous that no matter how carefully manufactured or adequately labeled, it can still cause harm to its user.
• Marketing Defects (Failure to Warn) – This occurs when a product’s instructions or label would fail to properly warn or instruct a consumer on the proper and safe use of it.
But bear in mind that not all products, just because it caused harm or injury are automatically defective. Sometimes, the consumer can be held negligent in its use. So if you were injured or know anyone who may have gotten hurt in a what you believe may be a defective gas tank accident, consult with a product liability attorney first before filing a lawsuit.
