Product Liability Wrongful Death Lawsuit Filed Against Subaru
A product liability wrongful death lawsuit has been filed against Subaru of America, Inc., Fuji Heavy Industries LTD. of Japan and Autoliv North America by the California personal injury lawyers of BISNAR | CHASE. The suit alleges that the 2001 Subaru Forester manufactured and sold by Subaru of America contained a faulty occupant restraint system that lead to the wrongful death of Lisa Ann Thayer.
On October 27, 2006 Lisa Ann Thayer was driving her 2001 Subaru Forester west on Interstate I-40 in San Bernardino County, California when Lisa's vehicle suddenly veered onto the shoulder of the road, spun clockwise, swerved between lanes of traffic and rolled numerous times until it landed upside down on its roof. Although Lisa was properly restrained in the vehicle, the seat belt webbing tore, leaving her completely unrestrained in the vehicle and allowing her to be ejected from the Subaru. Lisa died as a result of catastrophic injuries and the impact from the ejection. Her daughter, Emma, was a passenger in the vehicle at the time of the crash and suffered severe permanent injuries.
Subaru May Have Known About Auto Defects
John Bisnar, of BISNAR | CHASE, said "We allege the 2001 Subaru Forester Lisa was driving at the time of her death was defective in a multitude of ways and these auto defects, in combination, ultimately caused her demise. The alleged defects include, but are not limited to, a defective restraint system, a defective window system, insufficient strength and structural integrity to withstand roof crushing forces, and insufficient lateral and roll stability. We contend the defendants knew about these defects yet they did nothing to warn Lisa, or the general public, about these defects."
The lawsuit draws attention to the point that since 1970 the defendants have been aware that the use of unsupported, tempered glass in side and rear windows of their vehicle models does not protect passengers from ejection in cases of rollover accidents. In 1970 , Roger P. Daniel, a Ford research engineer, published a paper in which he proposed a metal framework with laminated glass or ejection resistant glazing alternative to better restrain passengers. Though this data was available and widely-read by car manufacturers, the defendants failed to modify their vehicles.
Further, six separate reports were published between 1984 and 2001 by the National Highway Traffic Safety Administration (NHTSA) which discussed vehicle design changes that could prevent occupant ejection, including those posed by Mr. Roger P. Daniel of Ford. The lawsuit claims that the defendants knew about the data, failed to act in accordance with recommendations, and falsely misrepresented test data to make their vehicles' safety systems appear safe. By doing so, they have continued to expose occupants of their defective vehicles to serious head and spinal injuries in order to avoid cost penalties.
The action seeks damages for Emma Thayer, the daughter and successor to her mother's estate, for the wrongful death of her mother, personal injuries, pain and suffering, past and continued medical expenses, loss of past and future earnings and earning capacity. The lawsuit is pending in the Superior Court of California, Orange county.
You can find more information about this case at California Auto Defect Lawyers File Product Liability Wrongful Death Lawsuit Against Subaru. Also, be sure to stay current with BISNAR | CHASE press releases .
