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Product Liability

 

Brain Injury From Unsafe Seatbelt

$2,000,000 settlement structured for a 6 month old who sustained a brain injury in an automobile accident because the car didn’t stand up to the accident properly.

Automobiles are supposed to be designed to not only protect the occupants from injury from the crash, but also protecting them from the second impact (the impact with the interior of the vehicle). In this case, a compact car was struck in the rear by a mid-sized truck. At the moment of impact, the driver’s seat back collapsed rearward and formed a ramp. The driver’s seat belt failed to hold the driver in the seat, and she slid backward up the ramp. Her head went over the top of the seat back and hit her 6 month old baby who was secured in a proper child seat in the back.

The manufacturer was found to have violated the National Transportation Safety Act by providing an unsafe seat belt that failed to hold the occupant in the seat under crash conditions as required. The trial on liability lasted 6 weeks in the United States District Court for the Southern District of New York. The case settled the morning the damages trial was about to commence. The child’s lifetime care will be covered by the structured settlement.

Gurfein Douglas LLP — New York
11 Park Place, 11th Floor
New York City, NY 10007
Phone: (212) 406-1600
Toll-Free (866) 699-EDGE

Gurfein Douglas LLP — New Jersey
175 Rock Road, Bldg. 2
Glen Rock, NJ 07452
Phone: (201) 477-0094
Toll-Free (866) 699-EDGE

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