Articles Tagged with defective auto parts

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The investigation into the causes of acceleration in Toyota vehicles has taken a unexpected turn, with the Obama administration this week announcing that it was bringing in NASA scientists to help with the investigation.

There has speculation for quite a few weeks now that the causes for the acceleration go beyond floor mats or gas pedals. Space radiation experts have put forward the theory that modern vehicles with the massive amount of electronic circuitry they have on board, could be at risk from interference from space radiation. The effects of such radiation on consumer goods like cell phones and computers, have been known for a while now. These space radiation experts believe that Toyota cars, which come with massive amounts of electronics, could be at special risk for interference from cosmic rays. The announcement that the Toyota probe will now include NASA scientists has lent credence to those theories.

The Obama administration has also asked the National Academy of Sciences undertake a separate study into computer technologies in vehicles. This study will last for 15 months. The study is expected to look into the potential of computer malfunctioning and electromagnetic interference as factors in acceleration in these vehicles.

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Auto Defect Blamed in Fayette County Child’s Death

It’s too soon to tell for sure, but investigators seem to believe that a mechanical defect was to blame for the tragic death of a 6-year-old child in Fayette County last week. The accident occurred when the Chrysler Sebring 1999 which was apparently in park mode, began rolling down the driveway, and struck the boy. He died instantly.The Fayette County sheriff’s office is blaming a defective ignition park interlock device for the accident.

Auto defects have been heavily in the news over the past couple of months. Aconspiracy of silence is currently unraveling at Toyota. Auto defects are being blamed for uncontrolled acceleration in several Toyota vehicles. The National Highway Traffic Safety Administration has already confirmed 34 reports of deaths or severe injuries as a result of accidents caused by the acceleration.

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States Moving to Crack Down on Sale of Defective Old Tires That can Cause Accidents

An ABC News investigation last year revealed that thousands of motorists may be at risk for automobile accidents because their vehicles are fitted with aged tires that are older than the recommended age limit for tires. The investigation by “20/20” caught some of the biggest retailers in the country selling outdated and aged tires. Now, states across the country are taking steps to ensure that retailers and dealers don’t fob old and weak tires on an unsuspecting motoring public.

The risk of a tire becoming dried out and prone to blowouts that can cause accidents increases after six years of age. The investigation, however found tires including some sold by Goodyear that were made in 1999 and 2002. Other investigations by ABC news affiliates around the county found outdated tires dating back to 1999 and 2001 sold at Wal-Mart. Old tires were also found at Wal-Mart stores in Florida, as well as Sears in New Jersey. Similar stories came in from across the county. The retailers including Goodyear and Wal-Mart insist that the age of the tire should not be taken as the most important factor in judging its safety.

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In Georgia there is a doctrine known as Res Ipsa Loquitur, which translated means “the thing speaks for itself.” Some things are so manifestly the result of someone’s negligence that a jury can infer negligence on the part of the defendant. In other words, the evidence proves the point. For example, a scalpel left in the stomach of a surgery patient infers the negligence of the doctor. Also, a barrel of flour falling out a second story window infers the shopkeeper’s negligence.When applied, this doctrine creates an inference of negligence that the defendant must affirmatively disprove.

To apply this doctrine in a negligence case, the plaintiff must usually show:

  1. That harm would not have occurred without someone’s negligence;
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