Seatback Collapse Lawsuits

Collapsing Seatback Lawsuits Most consumers believe that their car seats will remain in place and protect them when they are involved in car accidents. Experts have also recommended that parents have their children ride in the backseat of their cars because it is thought to be the safest place. Unfortunately, however, many car manufacturers install poorly designed car seats in the vehicles that they make. When vehicles are struck from the rear, the seatbacks can collapse backward, causing serious injuries to the backseat passengers and the people whose seats have collapsed. If you have been seriously injured in an accident because of a collapsing seatback or have lost a loved one in this type of wreck, you might have grounds to file a personal injury or wrongful death lawsuit against the car manufacturer.

 

 

The Seatback Failure Problem

The federal government has safety standards for car seatbacks, but the standards have not been updated in decades. In 2008, a study that was conducted by the Association for the Advancement of Automotive Medicine found that children who are seated in backseats of vehicles that have defects in the front seats have twice the risk of being injured in an accident. Despite this and decades of litigation, the standards remain unchanged by the NHTSA.

The problem is that many manufacturers only design car seats with seatbacks that meet only the minimum requirements of the federal regulations. While a few companies do install seats with sturdy, strong designs, other companies try to save on the expense by installing poorly made seats that are prone to collapse in an accident. When a vehicle is hit from the rear at low or moderate speeds, the force of the collision can cause the seatback of a front-seat occupant to collapse. This can cause the person’s head to strike a backseat passenger and seriously injure him or her. Seatback collapses can also cause people to be ejected from their vehicles, and the seat can become a projectile that can further injure others.

Car seats are supposed to remain intact and upright and to withstand the forces of a collision. Seats that have defects or that have been installed improperly can fail, collapse, detach, or break, seriously injuring the people who are seated in them as well as those who are seated behind them. These design flaws and manufacturing defects represent clear product liability issues that experienced attorneys can prove through complex litigation.

Several automobile manufacturers have recalled vehicles because of faulty seats and seatbacks. Most recently, Ford recalled 550,000 trucks and SUVs because of defective seatbacks in 2019. Honda likewise recalled 800,000 vehicles in 2018 because a defect could cause the seats to tip forward. Several other manufacturers, including Toyota, Nissan, Mercury, and Audi, have recalled vehicles for seatback defects and failures.

While the problems with seatback failures have been known for decades, the federal government has still resisted making any changes. According to an investigative report that was conducted by CBS in 2016, more than 100 people were killed by seatback collapses from 1989 and 2016.

Seatback Failure Lawsuits

As CBS reported, a family in Texas secured a jury verdict of $124.5 million against Audi in 2016 after their seven-year-old son suffered severe injuries because of a collapsing seatback. During the wreck, the boy was seated in the backseat of the Audi behind his father when the vehicle was rear-ended. The father’s seat broke, causing him to strike his son. The boy suffered vision loss, partial paralysis, and permanent brain damage because of the accident.

In Feb. 2020, a Wisconsin man was awarded a $38.1 verdict in a case against Hyundai. In 2015, the man was rear-ended by a 17-year-old girl. His seatback collapsed, and a pole inside of it severed his spinal column. The man suffered paralysis. While Hyundai argued that his injuries were caused by the rear-end accident, the man’s lawyer argued that his injuries were caused by the defect in the seatback. The jury agreed and returned the verdict in the man’s favor.

In a third case, a Dallas, Texas family was awarded $242 million in 2018 after their two children, ages three and five, both suffered permanent brain damage following dual seatback collapses. The family was rear-ended in their Lexus by a driver who was traveling at 45 miles per hour. The force of the collision caused both parents’ seats to recline, forcing the parents to impact the children with their heads. The judge subsequently reduced the verdict to $209 million.

All three of these cases required extensive help from experts. Seatback injury claims frequently require extensive investigations and expert testimony. In addition to these three examples, many other seatback lawsuits have been filed over the past few decades, and many more are likely to occur. Until the carmakers and the government take steps to strengthen the designs and safety of seats, serious injuries and deaths from seatback failures will continue to happen. Skilled product liability attorneys who represent plaintiffs in these cases work to hold companies accountable and secure maximum compensation for their clients.

Importance of Experts in Seatback Failure Lawsuits

In each of these cases, the testimony of experts was critical. Experts will likely play a crucial role in future seatback failure lawsuits. These cases might involve the work of multiple experts. An accident reconstruction expert might help to figure out what led up to the accident and what occurred during it. Accident reconstruction experts rely on an analysis of speed, physics, and energy to determine the impact angle, the velocity of the vehicles, and the cause of the damages. These experts might visually reconstruct what happened with crash-test videos, diagrams, and computer models.

Engineering experts are needed to demonstrate that the seatback design was defective. The automotive industry knows that this defect exists and has done little to fix it, even though it can. An engineering expert might show that the design fix would be simple and fairly affordable, but the car manufacturer failed to implement it because of prioritizing profits. This point can be underscored by the fact that some automakers, such as BMW and Volvo, design and install seats that are sturdy and are designed to withstand impacts. Other automakers can do the same. Proving manufacturer negligence through strict liability claims requires qualified experts who can demonstrate breach of warranty and failure to warn consumers about known risks.

Types of Injuries in a Seatback Collapse Accident

As these cases demonstrate, the types of injuries in accidents involving seatback failures are frequently severe or catastrophic. These types of injuries can include any of the following:

 

• Skull fractures
• Thoracic injuries
• Facial fractures
• Permanent traumatic brain injuries
• Spinal cord injuries
• Paralysis
• Neck and back injuries
• Amputations
• Wrongful death
• Lacerations
• Puncture injuries

These types of accidents can be particularly devastating and leave victims and families with lifelong injuries that impact their lives permanently.

Damages in a Seatback Failure Lawsuits

Damages are monetary awards that might be recoverable in a personal injury lawsuit. However, the amounts that might be recoverable will depend on the facts of each case. Your attorney can evaluate your claim and provide you with a range of values for your potential claim. Some of the types of recoverable damages might include the following:

 

• Past and future medical expenses
• Past loss wages and future anticipated lost wages
• Property damage
• Loss of consortium or guidance
• Funeral and burial costs in death cases
• Lost rights to an inheritance in death claims
• Physical pain and suffering
• Emotional distress
• Disability
• Disfigurement and scarring

In some cases, punitive damages might also be available. Punitive damages are monetary awards that are above any compensatory damages that are awarded and are meant to punish the defendants when they have acted outrageously.

Common questions about seatback failure claims

How long will my case take? Most seatback failure lawsuits are complex and can take 18 months to several years to resolve, depending on whether a settlement is reached or the case proceeds to trial. What are my chances of winning? Success depends on the strength of evidence proving the design flaw, the severity of injuries, and the quality of expert testimony—experienced attorneys can assess your specific situation during a consultation.

Is there a time limit to file? Yes, the statute of limitations varies by state, typically ranging from 1-3 years from the date of injury. Missing this deadline can permanently bar your claim, so prompt action is essential. What evidence do I need? Critical evidence includes medical documentation, accident reports, vehicle inspection records, photographs of the damaged seatback, and witness statements.

Should I accept the settlement offer? Never accept an insurance company’s initial settlement without consulting a dedicated attorney who can negotiate on your behalf to secure fair compensation that covers all current and future damages. What if I was partially at fault? Depending on your state’s comparative negligence laws, you may still recover damages even if you share some fault for the accident.

What if the car was used? You can still sue the manufacturer for a design defect regardless of whether you purchased the vehicle new or used. Liability extends to the original manufacturer, not just the seller. Can I sue the car dealer? Generally, dealers are not liable for design defects unless they knew about the specific defect and failed to disclose it.

Get Help From the Seatback Failure Attorneys at The Lovely Law Firm

Suffering serious injuries or losing a loved one in an accident that involved a seatback failure can be devastating. If you have been involved in this type of collision, you may have legal rights to recover compensation. Our experienced, dedicated team of board certified product liability attorneys provides personalized attention and aggressive representation to clients nationwide. We offer no win no fee contingency fee arrangements, meaning you pay nothing unless we successfully recover compensation for you.

Our established, trusted law firm has a proven track record of securing substantial settlements and verdicts in complex product liability cases. We provide 24/7 availability, rapid response to new inquiries, and can arrange home visits or hospital visits for clients unable to travel. Our skilled attorneys handle the entire discovery process, from initial investigation through mediation, arbitration, or trial, and will appeal if necessary to protect your rights.

Contact the personal injury lawyers at The Lovely Law Firm to schedule a free consultation by calling us at 843.839.4111. During your no upfront cost case review, our qualified legal team will evaluate what your chances of winning are, explain how much a lawyer costs under our contingency basis, and provide compassionate guidance on the best path forward for your unique situation.

 

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