Who wants to file a lawsuit against GM, Toyota or another auto manufacturer?
SKW attorneys have literally written the book when it comes to lawsuits against auto manufacturers. A few years ago, Paul Whelan published a booklet on Product Liability. Now, with the media tidal waves regarding GM and its defective ignition switch, plaintiff’s lawyers are rising to the occasion. This is what makes the new two volume publication, WSAJ Products Liability Deskbook, so timely. The Deskbook is available for attorneys as a comprehensive reference for suing manufacturers. Paul and Garth Jones contributed with the chapter on Vehicle Crashworthiness. Here’s a snippet:
As explained in the landmark case of in Larsen v. General Motors Corp., 391 F.2d 495 (8th Cir. 1968), the concept of vehicle crashworthiness has its origins in the distinction between the liability of a manufacturer whose defective vehicle causes the initial collision and the liability of a manufacturer whose defective vehicle enhances a plaintiff’s injuries after the initial impact of the collision. In other words, a vehicle manufacturer may be held liable for any “enhanced” injuries suffered by the plaintiff that were proximately caused by the vehicle’s failure to be crash worthy.
The discussion outlines the historical development of the concept of crashworthiness and enhanced injury along with the status of relevant laws and the unique issue of accident causation versus injury causation (which remains unresolved in WA State’s enhanced injury canon. Other chapters go in depth other issues and types of products liability, including the Consumer Expectations Test, defective medical devices, and a lot of other significant issues in this area of law. If you’re a practitioner, you may obtain your copy here.