Ford Motor Co. v. Fulkerson, 812 S.W.2d 119 (Ky. 1991)

Under products liability, is Ford Motor Company liable for manufacturing, selling, or distributing a product in defective condition, when the spindle stem separated from the spindle body before the accident occurred without a secondary design in mind?

“Defective condition…can result from either defects in design or manufacture of the spindle assembly.”  (Ford, 812 S.W.2d at 122).   “considerations such as feasibility of making a safer product, patency of the danger, warnings and instructions, subsequent maintenance and repair, misuse, and the products’ inherently unsafe characteristics, while they have a bearing on the question as to whether the product was manufactured in a defective condition unreasonably dangerous, are all factors bearing on the principal question rather than separate legal questions.”  (Id. at 123, 24).   “With the advent of strict liability for defective products, the focus shifts from the conduct of the actor to the conduct of the product.”  (Id. at 125).

Cilone originally brought a products liability claim again Ford Motor Company when the wheel assembly separated and caused a collision with Fulkerson.   The plaintiff is claiming that the collision was caused by Ford’s truck losing its wheel.   Experts found that the “left front wheel separated from the truck and then became lodged beneath it as both the truck and wheel slid across the center line towards the oncoming vehicle…there was a defect when it left the manufacturer.”  (Id. at 120).   A couple other experts testified, including a Ford employee, stating that the vehicle was manufactured defective and design defective.  (Id. at 121).   The manufacturing defect came from a poor fit between the spindle stem and spindle body – this allowed air and water to loosen the stem within the body.  (Id. at 121).   Ford failed to prepare a secondary feature to prevent the spindle stem and spindle body from loosening.   Several secondary features were available during this time.

Trial court held in favor of Ford Motor Company.   Court of Appeals reversed because “the instructions were erroneous and trial error in excluding evidence of a change in design of the product.” (Id. at 120).

Here, the vehicle left Ford Company with only one design in mind.   After an accident occurred, experts found that the vehicle was in a defective condition because it was possible for Ford to create a secondary design in case the spindle stem and spindle body loosened, which in this case it did.   The court relied on the legal theory of design defect and manufacturing defect.   The design defect occurred when Ford Motor Company did not produce a secondary design to aid in the prevention of accidents occurring.   The manufacturing defect occurred when the spindle stem loosened from the spindle body.

The court held that a secondary design was evident and could have prevented such accident.

The Supreme Court of Kentucky affirmed the Court of Appeals ruling.

Car Accident Personal Injury Claims In Missouri

According to latest statistics published by the State Highway Patrol of Missouri, last year, 142,966 car wrecks occurred in St Louis Missouri. Around 51,060 people were injured and 786 people died from car accidents. In every 10 minutes, one person gets injured and in every 11 hours, one person gets killed from car accidents in Missouri. Car accidents can happen anytime and as a citizen, you need to know how you can get the right amount of compensation from your insurance company for any kind of car accident damage. The most important thing is you need to know is the common causes of car accidents and avoid habits that cause car accidents.

Causes of Missouri Auto Accidents

Accounting for 17.3 percent of the total number of auto accidents in Missouri, speeding is the number one reason for car accidents. Speeding is also the reason for 38.2 percent of the fatal car accidents in Missouri. The second big reason for car accidents in Missouri is drunk driving. Although drunk driving caused just 4.4 percent of accidents, it caused 26.8 percent of fatal car crashes in Missouri.  Other notable reasons for car accidents in Missouri include unsafe lane changes, improper turns, use of mobile phone while driving, and defective automobile and automobile parts.

Car Accident Personal Injury Laws and Legislation in Missouri

The statute of limitations for filing a lawsuit for car accident personal injury claims in Missouri is 5 years which is way more than that of most other states in the United States. So, you can file a court case within five years of the accident. If you file a case after 5 years, the court will almost certainly refuse to hear your case.

Like many other states, the pure competitive negligence rule applies in Missouri. Under this rule, an injured person receives a reduction in compensation amount equal to his or her share of the fault- no matter how big or small the percentage is. For example, if the total damage of a car accident is assessed $10,000 and you were found guilty for 15 percent of it, you will be able to collect $8500 from the other guilty party. Due to the implementation of pure competitive negligence in Missouri, if you were assigned 99 percent of the fault, you will still be able to get compensation for the remaining 1 percent of the damage from the other party.

How a St Louis personal injury lawyer can help?

In most cases, car accident personal claims require the help of a personal injury compensation lawyer because insurance companies tend to offer a smaller amount of compensation for the damages caused by a road accident. If you think you are being offered the right amount of compensation, you can very well handle everything by yourself. But if you think the amount assessed by your insurance company or the insurance company of other party offering less than what the actual damage compensation should be, you should hire a lawyer. Then, your lawyer will make the right assessment for you and file a lawsuit against the insurance company or the other party.

Tennessee Car Accident Advice

There are several damages one can claim in an individual injury claim if they have gained car accident injuries. Claims for medical costs are an example among these, additionally, one might claim damages for lost wages or lessened job opportunities, pain and enduring, or loss of affection.

A Nashville car accident lawyer is a lawyer who gives legal representation to the individuals who case to have been harmed, physically or mentally, as a consequence of the carelessness or wrongdoing of another car drivers negligence.

There are various individual injury laws and statutory rules in Tennessee if you have been harmed, ensure you comprehend the guidelines before beginning your damage case.

The Tennessee Council and the state’s courts have established and connected various laws and sensible decisions with regards to individual injury cases. These rules might become an integral factor whether you are documenting a claim in court or arranging a settlement with an insurance agency.

Head and back injuries, neck and chest injuries and other injuries such as hands, legs, arms, feet and emotional distress are some of the injuries which one may incur when involved in accidents. Most of the had been covered in the law as the medical injuries and were compensated for when a court decides that the person who filled the case is eligible for compensation. In Tennessee car accidents, these rules also do comply when a personal injury case is filed. This includes all types of auto accidents, whether it be a car, truck or motorcycle accident.

Tennessee shared fault car accident injury cases

Ordinarily, an injured individual records a claim or a protection claim after an accident, just to hear that the other party demands that the injured person is really at issue, most of the time partially.

When a Nashville Tennessee court chooses that the wounded person bears a percentage of the fault for the mischance that prompted the damage, it applies an altered near deficiency decides that lessens or takes out the injured person’s harms compensation.

If you are found to have added to the deficiency up to a given percent share, Tennessee’s altered near issue principle applies to decrease your harms recompense by that percent.

If your contribution to the occurrence of the accident is below 50 percent of shortcoming, you might even now recuperate some measure of pay for your misfortunes. When inquiries are carried done, and you are established to be 50 percent or more at issue, you will be denied from being given any injuries compensation by the other person. On filing a person injuries case, it is advisable mostly to deal with lawyers who have specialized in the area since most of the times the shared fault injury cases are filled by the parties who have caused the injuries.

Law courts of Tennessee are governed by law to apply the state’s similar shortcoming standard when looking at the judgment made at the courts.

You might be qualified for any of the distinctive sort of harms in an individual injuries claim if auto injuries have affected your life or the lives of those nearest to you, so if you trust that you are clear for pay, have your case be inspected by a car accident lawyer free of charge. At that point, you will better see how you might be compensated for the damage you and your family have endured.