Door Latch Defects
According to the National Highway Traffic Safety Administration (NHTSA), more than eight thousand people are ejected from their vehicles through open doors annually.
The majority of these cases are the result of broken or defective door latches.
Due to this startling statistic, the Federal Motor Vehicle Safety Standard put FMVSS 206 into effect in the early 1970s as a means to test for the crashworthiness of vehicle door latches.
This standard was an effort to measure the probability that an occupant may be ejected through an open door during a crash or a rollover.
The standard was further expanded in 1995 to include rear passenger doors, and is currently being modified to include sliding doors.
Even though the testing for crashworthiness of door latches has improved a great deal over the course of time, it still has not been able to produce a design that is considered to be foolproof.
This is due to the fact that is nearly impossible, and quite expensive, to reproduce every crash scenario in a laboratory.
Because of this, many door latches pass laboratory testing, only to fail in real world collisions.
This issue has led many door latch designers to begin using specialized computer software programs that are able to test the strength and durability of the door latch in a virtual laboratory before being physically tested.
The advancement has led to safer door latches, although much more work is needed.
People can be severely injured when a door latch fails due to a manufacturing defect.
Broken bones, back issues, neck issues, road abrasions, amputation, spinal cord injuries, and even death can result from being ejected through an open vehicle door.
When this happens it is important to investigate the cause for the door latch failure, in order to determine the next possible course of action.
If it is determined that the door latch failed due to a manufacturing defect, there are a variety of legal implications that are associated, and seeking the advice of an attorney is your best course of action.
Cases involving door latch defects are tried under automotive product liability law, and there must be means to prove the latch was defective, "unreasonably dangerous", and caused direct harm to the victim.
Because these are strictly liability issues, negligence cannot be factored into the process or used to assess compensation.
Door latch defects can be assessed in a variety of ways.
The most common types of defects are a result of: a design flaw, improper or inadequate instructions for proper use, manufacturing errors, or warnings that are lacking for consumers.
One recent example of defective door latches, was an issue Ford Motor Company faced for the 2005 Ford Five Hundred, the 2005 Mercury Montego, and 2005 and 2006 Ford Freestyle vehicles.
The automotive company was forced to issue a recall on all of these vehicles due to a "freezing" issue with the latches, which occurred mostly in cold or wet weather conditions.
When the vehicles were exposed to cold or wet conditions, the door latches failed to properly engage, which caused the doors to open while in motion as well as during a collision.
Because there had been reports of this occurring, Ford issued the recall and was forced to address claims for injured parties in a court of law.
It is important to note that, such as in the above mentioned case, door latch failures can occur in a variety of ways.
The door may simply not completely close when it is shut, it may not close tightly, the technology used for the door latch may be outdated or incorrect, or there may be a certain condition that prevents proper closing.
Regardless of how the door latch failed, if you or a loved one has been injured because of this type of defect, you should be aware that you may be entitled to receive compensation for your pain, suffering, and financial losses.
In most cases, door latch injuries are considered to be somewhat minor and are generally handled by insurance companies.
However, in some cases, the injuries are quite extensive or the case is a bit more involved and may require the assistance of a personal injury attorney.
These attorneys have experience with product liability and related injuries and are quite capable of reaching settlements that are much greater than initial insurance company offers.
If you find you have been a victim of a door latch defect, you may need the help of attorney to file a lawsuit if any of the following situations apply: you have had your claim denied by the insurance company; you have had your settlement delayed (this may cause you to lose your opportunity to receive compensation completely); or you have not been fully reimbursed for all of your expenses due to the accident, such as medical bills, pain and suffering, and lost income.
A personal injury attorney will be able to help you through every aspect of your case, and help you fully understand your legal rights.
He or she will work hard to get you the compensation that you deserve.
Compensation for these types of cases typically comes in two forms: compensatory damages and punitive damages.
Compensatory damages are reimbursement for expenses directly related to the accident, such as medical bills, pain, and lost income.
The court will use pre-established guidelines based upon injury severity to determine this amount.
Punitive damages are monetary amounts that are awarded strictly as a means to punish the party that is being held accountable.
This amount can vary a great deal depending on the jurisdiction.
If you or a loved one has been injured or killed due to a door latch defect, it is important that you contact an attorney as soon as possible.
He or she will be able to thoroughly evaluate your case, and determine how much compensation you are eligible to receive.
In the event you have lost a loved one due to a defect, you may be able to file a wrongful death suit, which although it cannot replace what has been lost, it can help to repair the broken pieces of your life.
The majority of these cases are the result of broken or defective door latches.
Due to this startling statistic, the Federal Motor Vehicle Safety Standard put FMVSS 206 into effect in the early 1970s as a means to test for the crashworthiness of vehicle door latches.
This standard was an effort to measure the probability that an occupant may be ejected through an open door during a crash or a rollover.
The standard was further expanded in 1995 to include rear passenger doors, and is currently being modified to include sliding doors.
Even though the testing for crashworthiness of door latches has improved a great deal over the course of time, it still has not been able to produce a design that is considered to be foolproof.
This is due to the fact that is nearly impossible, and quite expensive, to reproduce every crash scenario in a laboratory.
Because of this, many door latches pass laboratory testing, only to fail in real world collisions.
This issue has led many door latch designers to begin using specialized computer software programs that are able to test the strength and durability of the door latch in a virtual laboratory before being physically tested.
The advancement has led to safer door latches, although much more work is needed.
People can be severely injured when a door latch fails due to a manufacturing defect.
Broken bones, back issues, neck issues, road abrasions, amputation, spinal cord injuries, and even death can result from being ejected through an open vehicle door.
When this happens it is important to investigate the cause for the door latch failure, in order to determine the next possible course of action.
If it is determined that the door latch failed due to a manufacturing defect, there are a variety of legal implications that are associated, and seeking the advice of an attorney is your best course of action.
Cases involving door latch defects are tried under automotive product liability law, and there must be means to prove the latch was defective, "unreasonably dangerous", and caused direct harm to the victim.
Because these are strictly liability issues, negligence cannot be factored into the process or used to assess compensation.
Door latch defects can be assessed in a variety of ways.
The most common types of defects are a result of: a design flaw, improper or inadequate instructions for proper use, manufacturing errors, or warnings that are lacking for consumers.
One recent example of defective door latches, was an issue Ford Motor Company faced for the 2005 Ford Five Hundred, the 2005 Mercury Montego, and 2005 and 2006 Ford Freestyle vehicles.
The automotive company was forced to issue a recall on all of these vehicles due to a "freezing" issue with the latches, which occurred mostly in cold or wet weather conditions.
When the vehicles were exposed to cold or wet conditions, the door latches failed to properly engage, which caused the doors to open while in motion as well as during a collision.
Because there had been reports of this occurring, Ford issued the recall and was forced to address claims for injured parties in a court of law.
It is important to note that, such as in the above mentioned case, door latch failures can occur in a variety of ways.
The door may simply not completely close when it is shut, it may not close tightly, the technology used for the door latch may be outdated or incorrect, or there may be a certain condition that prevents proper closing.
Regardless of how the door latch failed, if you or a loved one has been injured because of this type of defect, you should be aware that you may be entitled to receive compensation for your pain, suffering, and financial losses.
In most cases, door latch injuries are considered to be somewhat minor and are generally handled by insurance companies.
However, in some cases, the injuries are quite extensive or the case is a bit more involved and may require the assistance of a personal injury attorney.
These attorneys have experience with product liability and related injuries and are quite capable of reaching settlements that are much greater than initial insurance company offers.
If you find you have been a victim of a door latch defect, you may need the help of attorney to file a lawsuit if any of the following situations apply: you have had your claim denied by the insurance company; you have had your settlement delayed (this may cause you to lose your opportunity to receive compensation completely); or you have not been fully reimbursed for all of your expenses due to the accident, such as medical bills, pain and suffering, and lost income.
A personal injury attorney will be able to help you through every aspect of your case, and help you fully understand your legal rights.
He or she will work hard to get you the compensation that you deserve.
Compensation for these types of cases typically comes in two forms: compensatory damages and punitive damages.
Compensatory damages are reimbursement for expenses directly related to the accident, such as medical bills, pain, and lost income.
The court will use pre-established guidelines based upon injury severity to determine this amount.
Punitive damages are monetary amounts that are awarded strictly as a means to punish the party that is being held accountable.
This amount can vary a great deal depending on the jurisdiction.
If you or a loved one has been injured or killed due to a door latch defect, it is important that you contact an attorney as soon as possible.
He or she will be able to thoroughly evaluate your case, and determine how much compensation you are eligible to receive.
In the event you have lost a loved one due to a defect, you may be able to file a wrongful death suit, which although it cannot replace what has been lost, it can help to repair the broken pieces of your life.
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