Burlco Man's Suit Has Toyota Safety Data at Its Center
A man from Tabernacle, PA said a defective Toyota seat belt contributed to his paralysis. According to an article in The Philadelphia Inquirer, he thinks that the company may be withholding crash data that could prove it.
The injured man’s attorneys argued in court that Toyota had been evasive when asked whether crash-test videos still exist for the 1991 short-bed, deluxe pickup.
On January 4, 2005, as the plaintiff was heading to work, he stopped to make a left turn onto in Barnegat, Ocean County, NJ and was struck from behind and then by a second vehicle. He filed a year later against the first driver, Toyota, and the seat-belt manufacturer. The man’s legs are paralyzed, although he does have some upper-leg strength that allows limited walking with a walker or crutches.
The seriously injured man claims that he was wearing his seat belt because he always buckled the restraint before starting the vehicle, as required by his employer.
There are allegations in California accusing Toyota of withholding and destroying evidence during civil litigation in unrelated cases. The man’s attorneys said this may be indicative of a widespread practice to conceal damaging evidence.
On October 9, a Superior Court Judge ruled that the company had an obligation locally to clarify whether videos or other electronic information exist showing that vehicles have been properly tested and met all safety standards.
The plaintiff’s lawyers allege that the seat belt, with a design defect, opened upon impact and that he was thrown into the dashboard with such force that he fractured vertebrae. Had the seat belt worked properly, the man would not have been thrown from his seat.
One of his attorneys also alleges that Toyota engineers knew in 1991 the seat belts installed in some vehicles were defective and that they later installed a properly designed belt. But the company never issued a recall.
The case is scheduled for trial in February.
According to the article, attorneys for the injured man are questioning if the company has a broad practice of withholding evidence.
Consumers have the right to assume that products they purchase or use have been produced in a manner that would ensure that they are safe and free from unreasonable risks. If a company manufactures a product that is hazardous to the user, the company must be held liable for any injuries or fatalities that occurred due to the faulty product.
There are innumerable products that may pose serious threats to innocent consumers if they have a defect, and may include auto parts, toys, medications, motor vehicles, household appliances, and furniture.
If you have a Pennsylvania defective product claim, you will require the representation of a Philadelphia Pennsylvania products liability attorney from Cherry, Fieger and Marciano, LLP to handle all of the complexities involved with this type of case. There are many steps to a product liability case, beginning with proving that the product was in fact defective, next proving that the product was the cause of the injury, and finally proving that the product was not used unreasonably. Contact their firm today to discuss your case with an experienced legal professional.
Source article: http://www.philly.com/philly/news/20091019_Toyota_safety_data_at_center_of_Burlco_man_s_suit.html
