Thursday, November 12, 2009

Toyota Sued for car’s Sudden Acceleration

Defects in cars could be a ground for a product liability case especially if injury results from such defects. But for two Los Angeles residents, filing a case seemed the right thing to do even without sustaining any injury. They believed that a fatal accident could be prevented if a case would be filed at this time.

Plaintiffs Seong Bae Choi and Chris Chan Park were the owners of vehicles manufactured by Toyota Motor Corp. They alleged that they have experienced several instances of sudden and involuntary acceleration when driving their cars.

The suit came after Toyota has recalled 3.8-million of its vehicles due to its accident-causing floor mats. McCuneWright, counsel for the plaintiffs, said in the press conference that the suit was necessary to save lives and to force Toyota to make changes.

Toyota argued that the sole reason for its car’s unintended acceleration was due to “unsecured or incompatible” floor mats. It advised owners with the subject defective cars to remove the floor mats for the time being.

In California, a product liability case is also known as a liability without fault. The plaintiff need not prove that the car manufacturer is negligent. Liability attaches the moment the burden of proof is met.

For injured victims, a personal injury lawyers may be hired to pursue a product liability case against the car manufacturer.