The U.S. Supreme Court has a very important decision to make regarding your ability to sue manufacturers for injuries sustained by their products, specifically personal injury wrongful death in car crashes. It's a biggie.
The Justices just heard the lawyers' oral arguments in the wrongful death case of Williamson v. Mazda Motor of America, Inc. (08-1314) and their decision is expected to come down sometime during Spring 2011. (Read the briefs and listen to the oral argument here, at the High Court's official website). Across the country, plaintiffs' lawyers and insurance defense firms are monitoring this case with great anticipation.
Why Williamson is a big deal to all of us: our right to sue for damages is at issue
Back in 2002, Thanh Williamson, 32, was riding in the center of the rear passenger seat of a Mazda 1993 MPV minivan when there was a crash. Mrs. Williamson was twisted and bent by the lap seat belt she was wearing, sustaining serious internal injuries. Mrs. Williamson died as a result, and her husband filed a wrongful death lawsuit against Mazda, as the maker of the minvan.
In the wrongful death case, Mazda has stood by its legal defense that at the time of the car wreck, Mazda met the safety regulations of the National Highway Traffic Safety Administration (NHTSA). In 2002, only a lap belt was required for that rear passenger seat according to 2000 federal law. It was only in 2007 that the regulations changed to require shoulder strap seat belts here.
Mazda has relied upon the old federal law to protect itself against financial responsibilty for the death of Mrs. Williamson, a monetary award which it would undoubtedly otherwise have to pay under state wrongful death law.
What the Supreme Court will tell us is if Mazda, and other manufacturers, can hide behind federal law when they are sued for wrongful death liability under state law (i.e., will federal preemption apply). If a majority of the Justices agree, then the Williamson case may mean that you or someone you know will be able to seek justice from car manufacturers (and arguably other manufacturers as well) for personal injury and wrongful death even if the cars (or other products) involved in the accidents technically met federal safety law requirements in effect at the time.
Will the Supreme Court rule in favor of plainfiffs hurt or killed by unsafe products? Will it side with the big corporations with savvy defense lawyers who argue legal tecnicalities? Williamson is a case that impacts all of us: we'll see what happens.
By on November 27, 2010 11:00 AM
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