Nov 10 2008
SUV Rollovers and Design Flaws
Automotive manufactures are aware of the fact that the higher the center of gravity on an SUV, the more prone it is to rollover in an accident. While there is now federal legislation requiring a roof to withstand 1.5 times a vehicle’s weight, consumer safety groups have consistently lobbied for more stringent requirements. This has led auto manufacturers to argue they cannot be held liable for rollover-roof crush injuries if they meet standard requirements.
In liability law, however, there is a standard of foreseeability and duty of care that must be considered: if someone could have — or should have — foreseen a danger associated with their actions, they have a duty of care to prevent the possibility of injury to others. In the case of SUV rollovers and roof crush, auto manufactures have crash test data and information related to roof crush that clearly allows them to foresee dangers associated with their design. Their failure to strengthen roofs, lower the center of gravity, or install roll bars may constitute a violation of their duty of care towards consumers who are injured or killed in SUV rollover accidents.