However, as a recent case out of Connecticut revealed, liability is not always clear-cut and those pursuing litigation against an auto manufacturer for product liability leading to a traffic accident can be an uphill battle.
The case of Foster v. Foster v. Toyota Motor Sales, and it pits wife against husband who in turn seeks accountability from the auto manufacturer. Of course, we should be clear here that in cases like this, where spouses, relatives or friends pursue action against one another, the goal is generally not to collect from that individual but rather from the auto insurance company. This situation was complicated by the fact that a third-party – the auto manufacturer – was involved.
And let’s also preface this by saying that this unintended acceleration issue with Toyota is by no means isolated. In fact, the car manufacturer in 2014 agreed to pay $1.2 billion for hiding the deadly unintended acceleration issue from 4.2 million consumers. That settlement was reached in a deferred prosecution agreement in which the company admitted it mislead consumers by concealing and making deceptive statements regarding the two safety issues. As the FBI assistant director said at the time, the company “put sales over safety and profit over principle.” Continue reading