“Mitsubishi Product Liability Case Receives $11 Million Verdict” Lawsuit

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The history and origin of the Mitsubishi brands trace roots in Japan. The Mitsubishi brand began back in the 1870s (mitsubishi.com committee, 2005). The initial owner was Yataro Iwasaki who operated a shipping enterprise. The Mitsubishi brand released Japan’s initial series production passenger car that is the Mitsubishi Model A in 1917 (mitsubishi.com committee, 2005). Nevertheless, post World War II so the birth of the different Companies that exist to date (mitsubishi.com committee, 2005).

The fragmentation was a result of pressure from the occupation forces. The Mitsubishi Mail Steamship Company was distinguished as the first Japanese Company to initiate overseas travels to China (mitsubishi.com committee, 2005). Some of the member companies reunited later in 1954 (mitsubishi.com committee, 2005).

Most typical seat belt restraint systems provide lap and shoulder belt portions to harness the occupant on the vehicle seat. When the vehicle decelerates, the occupant instantaneously remains in a state of motion in the direction the vehicle is traveling until presses on the lap or shoulder belt parts. Energy management loops are also known as rip stitching. Rip stitching has been used on seat belts of some vehicles. Loops of extra seat belt webbing material are supposed to rip open in the event of an accident.

The rip open process can result in the length of the belt increasing by 8 to 10 inches. Bauer (1995, p.1) when patenting the invention of the adjustable energy absorbing component for use in a vehicle seat belt system; the author explained how it works. In case of a vehicle deceleration such as in a frontal collision such that the deceleration surpasses the systems locking threshold then the seat belt lock as the occupant lays against the belt parts at the shoulder or lap.

Pressure on the belt that causes the lock is enhanced by the tension rise. In severe crashes, the tension experienced on the shoulder and lap seat belts can lead to excessive load transferred to the occupant (Bauer, 1995, p.1). Thus a justification for the invention of the energy-absorbing seat belt system the occupant is allowed to press on the lap or shoulder belt part while in the state of movement in the direction the vehicle is travelling. In addition, the occupant pressure due to the forward movement is transferred into the lap or shoulder belt parts and depends on the extent of the occupant’s movement (Bauer, 1995, p.1).

Energy management loop that increase in length can subsequently lower the effectiveness during crashes where the occupant remains in a state of motion even to the extent of partial ejection. The energy management loops fatal risks are more evident in the event of severe crash and the vehicle experiences rollovers when the occupant is tossed and hits the vehicle interior components. During the vehicle rollover after crash impact the occupant’s head may partially eject outside and touch the ground. This may translate to fatalities or catastrophic injuries.

Levitt and Porter (2001, p.603) argue that road carnage had reported more death toll especially among the 6 to 34 years age group. On overage since 1972, traffic fatalities stabilized at 40,000, yearly (Levitt and Porter, 2001, p.603). Nevertheless, the trend in traffic fatalities had a down fall and was against the mean rise in the travel volume of the Americans (Levitt and Porter, 2001, p.603).

While citing the National Highway Traffic Safety Administration (NHTSA) and others; Levitt and Porter (2001, p.603) explain that the rise in the use of safety belt and the advancement in the technology of safety bags were two among the leading factors that caused the reduction in the numbers of life losses on the roads. While in the 1980s safety belt use was at 11 percent, there was a rise in the two succeeding decades at 58 and 68 percent, respectively.

While citing NHTSA, Levitt and Porter (2001, p.604) explain that vehicles crashes that have deaths reported account for 0.5 percent, while those with injury cases are below 2 percent. While reviewing the literature, Levitt and Porter (2001, p.603) explain that some past studies found out that seat belt use had cut down on the fatalities and injuries within the range from 8 percent to 86 percent vis-a-vis other vehicle occupants who did not wear them. While citing NHTSA, Levitt and Porter (2001, p.603) brief that seat belt effectiveness in reducing deaths ranged between 45 percent and 55 percent.

Levitt and Porter (2001, p.603) argue that a range of methodologies are applied; however, the standard procedure for assessing the seat belt effectiveness involves identifying samples of crashes and comparing outcomes among those that have as well as that don’t have seat belts. The drawback of this approach is the chances of sample selection that may introduce biases.

The Fatality Reporting System (FARS) provides a detailed account of almost all fatal accidents; however this database provides only one dimension towards assessing the effectiveness of vehicle devices such as the seatbelts (Levitt and Porter, 2001, p.604). The limitation of analyzing the data for benefits of seatbelts is their influence on the eventualities of death occurrence. The nature of the data is already influenced by the use safety belts and airbags on the chances of fatalities in case of a crash (Levitt and Porter, 2001, p.604).

Sample selection introduces the biases of estimation. Nonetheless, if a case in point does not address the compromises (biases probabilities) that are brought about the sample selection then this systematically understates the gains of effective safety belts (Levitt and Porter 2001, p.603). In the case of the FARS data set, at least a death case was reported in 90 percent of the fatal crashes registered (Levitt and Porter, 2001, p.603). And thus, in case that single cases of fatality had not been reported then the crash case would not feature in the datasets (Levitt and Porter, 2001, p.604).

The case against Mitsubishi was on the grounds of product liability (LaBovick Law, 2008). A Mitsubishi vehicle was involved in a crash that led to the death of a vehicle occupant. The occupant was wearing a seat belt. The lawsuit sought the Company to compensate damages resulting in death on the theories of liability and negligence. The case against the Company argued on the grounds that seat belt and seatback defects that contributed to the death (LaBovick Law, 2008).

The occupant’s seat’s seatback deformed and thus exposed the occupant to danger. The driving occupant of the vehicle sustained minor injuries (LaBovick Law, 2008).

The verdict may have substantive if based on the argument provided by Shavell (1980, p.2) in liability and negligence rule. However, the parties in the case are strangers and not involved in the sell of the product. Preist (1989, p.2301) considers the realization of Section 402A of the Restatement (Second) of Torts in 1965 was a renaissance of the Law of torts. This led to a source of modern litigation of product liability; Section 402A includes observance of strict liability for defective and unreasonably dangerous products (Preist, 1989, p.2301).

In the recent past, the Company has had plans to recall of some of its products that include seat belt replacement on safety grounds. Some of the recall plans are at free of charge. The Company has in the recent been recognized for product safety. This demonstrates the Company’s commitment to product quality and safety. This may have had a direct policy implication or intention.

US Recall News (2007) explains that the National Highway Traffic Safety Administration (NHTSA) was constituted in the fulfilment of the Highway Safety Act of 1970. The NHTSA is mandated to ensure safety standards related to safety of the motor vehicles. The effort by the NHTSA is to ensure the reduction of cases of deaths, injuries or economic losses resulting from motor vehicle crashes (US Recall News, 2007). The formulation of safety standards enhances the chances of quality assurance; NHTSA is also involved in enforcement of safety standards for compliance.

The NHTSA also conducts safety investigations for defects (US Recall News, 2007). Mitsubishi Company can liaise with NHTSA in research and development and product awareness that allows the product consumers to be part of the product safety. However, this has a shared responsibility between the Company and the consumer.

The Company benefits through information provided by the consumer. The Company can also provide detailed information regarding all safety measures put in place and thus a prospective buyer has an enhanced choice to purchase or not. This means that lack of awareness of the safety levels of the prospective vehicle the consumer wants to buy may put them off based on their would be negligence.

In order to avoid a recurrence of such lawsuits, there is need for enhanced awareness among public to ensure safety while travelling. The cases involving crashes and rollovers should be reduced if not eliminated. This is not a responsibility for one party but all who interact with motor vehicle industry. Everyone will comply with safety standards for vehicle safety devices without selection (Jonah and Grant, 1985, p.262).

This will avoid intentional negligence on defects by the consumer in order to gain an opportunity to file a case. Jonah and Grant (1985, p.363) suggest that the undertaking of selective traffic enforcement initiatives as an intervention towards awareness of the safety gains when the belts are used. The national Agency should be involved in this task. Information generated on such initiatives should be used to advise respective companies on possible areas where product component are seen as not effective and thus prevent deaths and injuries on the road.

On the other hand, the Companies may volunteer information regarding enhancing safety standards so that to disseminate to other players of the industry. Initiating of safety clubs among the industry players enables members to help each other effectively avoiding deaths, injuries and economic losses. This may also provide a corporate watch as well as a safety net against abuse by consumers. Corporate watch will help members to advise each other on new technologies as well as pinpoint on better ways to ensure product safety for all.

References

Bauer, B. J. (1995). Adjustable Energy Absorbing Device for Use in Vehicle Seat Belt Restraint System. United States Patent, 1-8.

Jonah, B. A. and Grant, B. A. (1985). Long-Term Effectiveness of Selective Traffic Enforcement Programs for Increasing Seat Belt Use. Journal of Applied Psychology 70(2), 257-263.

LaBovick Law (2008). Mitsubishi product liability case receives $11 million verdict. Web.

Levitt, S. D. and Porter, J. (2001). Sample Selection In The Estimation Of Air Bag And Seat Belt Effectiveness. The Review of Economics and Statistics 83(4), 603–615.

mitsubishi.com committee (2005). Origin. Web.

Preist, G. L. (1989). Strict Products Liability: The Original Intent. Web.

Shavell, S. (1980). Strict Liability versus Negligence. The Journal of Legal Studies 9(1), 1-25.

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“Mitsubishi Product Liability Case Receives $11 Million Verdict” Lawsuit

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