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Putting Plaintiff to the Test: The Crashworthiness Doctrine
Part One of a Two-Part Series
When faced with a 'crashworthiness case,' manufacturers in the automotive, trucking, or aircraft industries enjoy a distinct legal advantage over the plaintiff. Indeed, in the many jurisdictions where the crashworthiness doctrine is recognized, the plaintiff's burden of proof in such cases is dramatically higher than in the standard product liability action. In the automotive context, these cases are sometimes referred to as 'second collision' cases because the manufacturer's liability is based not upon the 'first collision' between the vehicles involved in the accident, but the 'second collision' comprised of the physical contact made between the plaintiff's body and the vehicle's interior.
Plaintiffs' attorneys who believe that they need only prove a causal relationship between the allegedly defective design and their clients' injuries are in for a rude awakening. Generally, in a crashworthiness case, the plaintiff must prove that the alleged defect enhanced his or her injuries beyond what would have otherwise been sustained in the collision. A failure to meet the weighty burden of proof in a crashworthiness case can be fatal to one's case. This two-part article discusses the crashworthiness doctrine, its application to 'failure-to-deploy' cases, jury instructions, and apportionment among tort-feasors.
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