Call Our Offices at 800-992-9447E: g@gordonjohnson.com

 
Share this on:
 

U.S. Supreme Court To Hear Case Involving Lap-Only Seat Belts

The U.S. Supreme Court is taking on a case involving liability and seat belts.

The nation’s highest court Monday agreed to rule on whether federal safety regulations essentially block product-liability lawsuits against automakers who put lap-only seat belts in their vehicles. 

http://online.wsj.com/article/SB10001424052748704113504575264301544575656.html?mod=WSJ_newsreel_business#

The case in point is a California suit that was filed against Mazda Motor Corp. over a fatal accident in 2004 that involved a  Mazda MVP minivan. In that crash, a passenger in the rear seat that was wearing a lap-only seat belt died. The victim’s survivors allege that the seat belt did the woman in, but two courts in California have ruled that their lawsuit is preempted by federal law.   

 The Supreme Court is expected to hear oral arguments on the case this fall, and I hope it ultimately rules that this lawsuit can proceed. Let a jury decide whether or not the lap-only seatbelt contributed to the woman’s death.

In fact, the U.S. Solicitor General Elena Kagan agrees with me. She is the one that asked the Supreme Court to take the case, because she maintains that the California courts have “interpreted federal laws too broadly to bar lawsuits against car makers that installed lap-only belts,'” according to The Wall Street Journal.

“She said the federal regulations were only meant as minimum standards,” The Journal wrote.

Those regulations have been changed, and now vehicles built after Sept. 1, 2007 have to install shoulder-and-lap seat belts in all rear seats that face forward. But according to The Journal, more than 1 million American vehicles have some lap-only belts, so this issue is still relevant to many people who might have cause to sue at some point.

Of course, Mazda is arguing that the lower courts ruled correctly, and that lawsuits regarding lap-only seat belts should remain barred.  

Again, I think the lawsuits should be permitted so that the plaintiffs, and survivors, can have their day in court. Then it’s up to a jury to render a verdict on liability.         

 

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.