Question

Roger Olmstead of Reno Nevada, purchased a new Ford pickup, and while he was driving was involved in a rear end collision. When Roger’s pick up was hit, his head struck the window in the back, and he suffered serious brain damage. The vehicle did not have a headrest, and laws in effect at that point did not require manufacturers to install headrests. Roger is suing Ford Motor Co using strict liability in tort. What will happen? Please discuss.

Answer 1

Issue- Roger Olmstead of Reno Nevada, purchased a new Ford pickup, and while he was driving was involved in a rear end collision. When Roger’s pick up was hit, his head struck the window in the back, and he suffered serious brain damage. The vehicle did not have a headrest, and laws in effect at that point did not require manufacturers to install headrests. Roger is suing Ford Motor Co using strict liability in tort.

Rule- Roger can sue Ford Motor Co. for strict liability in tort. Strict liability in tort is negligent tort claim and consumer product liability.

Analysis- It is the manufacturer’s responsibility to produce good products with adequate safety measures. There is no use manufacturing just the seats. The product is considered defective if the seat does not have a headrest. This makes the car dangerous. If only the new Ford pickup had the headrest in the seat, then Roger would not had serious head injuries.

Conclusion- Since the pickup truck came with defective seat design, the manufacturer is liable under strict liability under the category- consumer product liability. It was the negligence of the manufacturer to fix the head rest for the seats. Hence, Roger can sue Ford Motor Co. and win the case.