Podcast Description
In this episode of It’s No Accident, Mark and Jaeson explore significant cases that underscore the complexities and high stakes of product liability claims. The duo covers a range of pivotal incidents, including seatback failures in vehicles, the notorious Takata airbag shrapnel incidents, Ford Pinto explosions, and a hunting tree stand failure. They also dive into the challenges of pursuing claims against foreign manufacturers, particularly those selling through platforms like Amazon, and the debates surrounding distributor liability.
The episode also highlights the legal strategies used to hold manufacturers accountable, the importance of preserving evidence, and the financial implications for victims when insurance coverage falls short. Tune in to “It’s No Accident” to gain a deeper understanding of your rights and learn how to safeguard yourself from defective products.
Episode Transcript
All right, one of the other things we want to talk about today is product liability cases. We were just talking before we got on about the fact that you’ve handled some pretty significant product liability cases in the past. I’ve had a few, but I think of the cases that we’ve handled as far as product liability is concerned, you’ve had some of the more notable ones, with more complex legal issues and higher values.
There was one we were talking about recently. I forget how it came up, but it had to do with a seatback failure, which isn’t something most people think about. I forget the manufacturer, and we probably shouldn’t say who it was anyway, but it involved the back of the seat in a vehicle failing during a crash. Go ahead and talk about what happened.
Sure. Product liability cases come up in all sorts of contexts, involving any type of defective product that injures someone. You see it a lot with auto manufacturers. For example, the Takata airbag issue, where airbags would deploy and shoot shrapnel at people, or the Ford Pinto, which would catch fire when rear-ended because of gas tank placement.
In our case, it involved a seatback failure. The client was in a truck on the interstate in Atlanta in stop-and-go traffic and got rear-ended by an 18-wheeler. The driver’s seatback snapped backward from the impact. The dad, who was driving, had his shoulder seriously injured, and even worse, his 8-year-old daughter was in a car seat behind him. When the seat snapped back, it struck her head, causing a severe skull fracture.
She needed multiple surgeries, including a craniectomy, where part of the skull is removed to relieve pressure. It was a life-threatening situation, and though she’s doing better now than expected, she still has lifelong challenges. Of course, no auto manufacturer will ever admit to producing weak seatbacks. That’s where the challenge lies—proving the defect.
To do that, we had to retain numerous experts: crash reconstructionists to establish the severity of the collision, biomechanical experts to understand injury causation, and metallurgists to evaluate the seat’s materials. Our investigation revealed they used substandard metals. These cases are expensive because you need so many experts, but that’s how you build a compelling case.
We inspected the seat multiple times with all the experts and the manufacturer’s team. One even used a portable X-ray to evaluate the seat without dismantling it, since once it’s torn down, it’s hard to reconstruct. These inspections are essential.
What ultimately pushes manufacturers to settle is the threat of a jury trial and the negative press it could bring, especially if the issue involves a best-selling model. A recall becomes a concern, which could cost them hundreds of millions.
In our case, the seat was almost lost. The client’s truck was totaled, the insurance company paid out, and the vehicle went to a junkyard. We had to locate and repurchase it to preserve the evidence. Without that seat, there wouldn’t have been a case.
The damages were astronomical. Even though the 18-wheeler’s insurer paid out, it wasn’t enough. Her initial medical bills alone were over a million dollars.
That’s why, whenever we see catastrophic injuries in car wrecks—paralysis, death, severe brain damage—and limited auto insurance, we explore whether there’s a product liability claim against the vehicle manufacturer.
Another growing area is injuries from cheaply made products sold through online marketplaces like Amazon. Many of these are from manufacturers in China with no U.S. presence. It’s difficult, if not impossible, to hold them accountable. That’s led to legal battles over whether Amazon can be held liable as a distributor.
Some courts say yes, others no. Amazon argues they’re just a marketplace connecting buyers and sellers. But in reality, they control what’s sold, package and ship the items, and brand the deliveries.
There’s been movement toward holding Amazon accountable, especially with a recent position paper from the Consumer Product Safety Commission suggesting Amazon should be considered a distributor. Until federal standards are in place, outcomes will vary by state.
The big takeaway: If you’re injured by a defective product, preserve the product and talk to a lawyer as soon as possible. Whether it’s a failed car part or a faulty consumer item, these cases are complex but potentially life-changing for those affected.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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