Ford to Appeal Defective Product Claim in Gwinnett County

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Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

The automaker disagrees with a jury’s $1.7 billion verdict in a case involving a rollover crash that killed two people in 2014.

“I used to buy Ford trucks,” one observed remarked. “I thought nobody would sell a truck with a roof this weak. The damn thing is useless in a wreck. You might as well drive a convertible,” he added. During the trial, the plaintiffs cited reports of 80 similar rollover wrecks to support their defective product claims. 

During closing arguments, Ford’s lawyer said that it is “simply not the case” that the automaker was irresponsible and willfully made decisions that put customers at risk.

Defective Products

Ford is no stranger to defective product claims, specifically defective design claims. One of the most infamous product liability claims in history involved the 1970s Ford Pinto. Back then, as the energy crisis seemed to get worse every day, small, cheap, and light cars sold like hotcakes. No one seemed to want bigger, costlier, and heavier cars that dominated Ford’s product line.

In response, then-chairman Lee Iaccoca supposedly directed engineers to design a vehicle that didn’t weigh an ounce over 2,000 pounds and didn’t cost a dime over $2,000. To conserve weight, and therefore reduce cost, the Pinto’s designers placed the gas tank outside the rear axle. They also didn’t surround the gas tank with a protective lining, as is the case in most other vehicles.

As a result, the gas tank was prone to rupture and explosion, even in relatively low-speed rear-end collisions. The lawsuits from Marietta personal injury attorneys began piling up.

A controversial memo surfaced in which Ford executives weighed the cost of recalling Pintos and making them safer with the cost of paying liability claims. Essentially, Ford concluded it was cheaper to pay wrongful death settlements than it was to move the Pinto’s gas tank or at least give it more protection.

Other vehicles, or vehicle components, have manufacturing defect issues. The Takata airbag saga is a good example.

The first airbags appeared at about the same time as those ill-fated Pintos. Airbags have saved tens of thousands of lives over the decades. Airbag technology usually hinges on the chemical propellant. 

For many years, Takata used a stable and reliable chemical propellant that fully inflated airbags in the blink of an eye, but didn’t cause them to explode. Around 2000, the company switched to ammonium nitrate, which is the same compound Timothy McVeigh used in the Oklahoma City truck bomb. Ammonium nitrate is highly explosive and unstable, especially in high heat and humidity environments.

Several manufacturers recalled millions of vehicles with possibly defective Takata airbags. The company eventually declared bankruptcy.

Your Claim for Damages

Very few personal injury claims reach the appeal stage. Very few claims go to trial to begin with. Out-of-court settlements resolve about 95% of injury cases in Georgia. These settlements are especially common in defective product claims. Manufacturers are strictly liable for the damages their defective products cause.

Negligence or fault is typically only important to the amount of punitive damages. These damages punish negligent companies and deter future wrongdoing.

Compensatory damages are available as well in these cases. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional compensatory damages in wrongful death claims include money for lost future economic and emotional support.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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