In many accidents, injuries do not result solely from the accident
itself. Defective vehicle design or manufacturing may also be responsible for
the injuries. For example, when a car equipped with a defective steering
column crashes, the passengers are likely to suffer more severe head trauma
than would have been caused by a crash alone.
The Enhanced Injury Doctrine
When a vehicle's design defects cause more serious injuries in a
collision than would have occurred in a vehicle without defects, the "enhanced
injury" doctrine may apply. Under these circumstances, the manufacturer or
seller of the vehicle may be liable for all, or a portion of, the injuries
sustained in the accident. Even if the design defect was not the cause of the
accident, it could still be a cause of the injury.
The "enhanced injury" doctrine holds that manufacturers of vehicles are
obligated to minimize the injurious effects of an accident, no matter what
actually caused the accident. Under the doctrine, a manufacturer or seller of
a vehicle or vehicle part may be liable under strict liability, negligence, or
breach of warranty theories for injuries sustained in an accident where the
defect in the product exacerbated the passenger's injuries, even though the
defect was not the cause of the accident. The defect can be anything that
compromises the safety of the vehicle as a whole.
Examples of Design Defects in Enhanced Injury Cases
Several defective designs have been linked to enhanced injury cases. Some
of these include:
-
Vehicle Fuel Systems – Collisions may cause fuel leaks that ultimately
lead to explosions. Such leaks may be the result of insufficient pressure in
the fuel lines, fuel pumps that fail to shut off after a collision, or fuel
that spills out of the fuel tank after a collision.
-
Vehicle Restraint Systems – Improperly functioning seat belts and
airbags may result in harm to a vehicle's occupants – they can cause severe
head, facial, and abdominal injuries. Vehicles that have only lap seat
belts, automatic seat belt systems which provide only a shoulder harness, or
devices which allow seat belts to be worn in a loose fashion may "enhance"
injuries.
-
Vehicle Rollovers – Vehicles may have design defects that make them
more likely to roll over in a collision. This problem may result from
overall vehicle instability, insufficiently reinforced roofs, or designs
which cause occupants to be ejected from the vehicle during a rollover.
Manufacturer Liability
The extent of a manufacturer's liability for enhanced injuries depends on
the type of injury. There are generally two types, divisible and indivisible
injury. Injuries are deemed "divisible" when liability for them may be
allocated among two or more wrongdoers. For example, assume a person involved
in an accident suffered from both a broken leg and severe burns. The broken
leg would likely be attributed to the collision, while the burns may be the
result of a fuel system defect. Under those circumstances, the manufacturer of
the fuel system may be liable for the burns, but would not be liable for the
broken leg. On the other hand, if a person suffers from an "indivisible"
injury, resulting in paralysis or death, the manufacturer will often be liable
for the entire
injury.
