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Road Injury Prevention & Litigation Journal
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Articles - September, 1997

September 2, 1997
Status of Injury and Crashworthiness Consumer Information

Due to variables in data collection, testing, and human factors, consumer information on vehicle crashworthiness is still in the developmental stage. Summarizing a chapter from "Shopping for Safety: Providing Consumer Automotive Safety Information," this article shares recent information on vehicle crashworthiness in different types of crashes.

September 2, 1997
How Effective in Preventing Death and Injury Are Safety Belts and Air Bags?

Motorists rely on "occupant protection systems" such as safety belts and air bags to save lives and prevent injuries in the event of a crash. This article examines results reported by the National Highway Traffic Safety Administration (NHTSA) on the effectiveness of such systems.

September 2, 1997
Nissan Liable When Defective Restraint System Contributed to Severity of Plaintiff's Injuries

Evidence suggested that a Louisiana motorist fell asleep at the wheel of his vehicle and, subsequently, ran off the road. The motorist sustained severe injuries to his ankles. He sued Nissan Motor Corporation (Nissan), claiming his injuries would have been minor had Nissan's restraint system not been defective. A jury trial in the Sixteenth Judicial District Court, Parish of St. Martin found in favor of the plaintiff. The jury concluded the restraint system in the Nissan was defective; however, they found the motorist 84 percent at fault. The Court of Appeal of Louisiana, Third Circuit, amended the assignment of fault, reasoning that Nissan's "fault should have been assessed in relation to injury sustained, rather than cause of accident."

September 2, 1997
Compliance with Federal Standards Did Not Relieve Child Restraint Manufacturer from Liability Under Common Law

Kayla Wohl suffered severe injuries when her head struck the hard plastic side of an Evenflo child restraint seat during a vehicle crash. The infant's mother, Susan Ann Wohl, brought a product liability suit against the manufacturer of the seat, claiming the child restraint seat was "negligently designed and unsafe for its intended purpose because sides were inadequately padded." Alleging that the claim was preempted by the National Highway Traffic Safety Act (Safety Act), the manufacturer moved for summary judgment. The Circuit Court of Multnomah County agreed. When the infant's father appealed, the Court of Appeals of Oregon reversed the trial court and held that compliance with the Safety Act did not exempt any person from liability under common law.

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TranSafety's journal on liability and risk management for road maintenance, engineering, and law professionals. Articles summarize litigated road design, traffic control, and construction zone cases. tort, liability, law, legal, courts,
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