Two product safety organizations are fighting to get court documents unsealed in what could turn out to be a billion-dollar whistleblower case involving defective guardrails that line highways across the United States.

According to a 10news report, at the center of this issue is Trinity Industries, the manufacturer of ET-Plus model guardrails. The whistleblower is Josh Harman, a former business owner who filed a federal lawsuit on behalf of the American people claiming that the guardrails are dangerous and deadly.

He alleges in the lawsuit that the guardrails were never properly tested or even approved by the government.

This case took an interesting turn a few weeks ago when the judge declared a mistrial raising the question of whether Trinity’s president tried to intimidate a witness, tampered with a witness or committed perjury.

However, some of the records pertaining to those issues were sealed making it impossible for the public to learn the truth.

Serious Injuries and Fatalities

The guardrails in question, which are used in all 50 states, according to the lawsuit, pose a serious danger to the public. There are many reports of impalement and other gruesome injuries caused by these faulty guardrails.

Trinity has defended the products by arguing that some of the accident photos involving the guardrails “do not accurately represent” how the products performed.

10news found 14 examples of ET-Plus guardrails on the county’s highways including many on Interstate 5 and State Highway 78. Trinity Industries has issued a statement that the only way to understand how the guardrails performed in a crash is to know all the variables including the vehicle’s weight, angle of impact.

A new trial is expected to commence in the fall.

Product Liability Issues

What victims who have been affected in these and other cases involving defective products need is a resourceful product liability law firm that can independently do crash testing and product testing to determine if the product in question is defective. Our legal practice has performed a number of crash tests in cases that involved catastrophic injuries.

Our law firm also does not charge any fees for upfront costs from clients until they have recovered compensation for their losses. We offer this “no-win-no-fee” guarantee to all our clients.

We do this because we believe in obtaining justice and fair compensation for our seriously injured clients, who have already lost so much.

Our goal in every product liability case is to ensure that the negligent product manufacturer is held accountable for putting a dangerous and defective product in the market.