Practice Areas

Case of Note

Edward J. Luke, II vs. General Motors Corporation

In rear-end accidents it is critical that the seat perform as intended and keep the occupant in position. If the seatback fails, the occupant can move backwards and be severely injured.

On February 1, 2004, E.J. Luke was rear-ended while waiting to turn left at a light. As a result of the impact it was alleged that his seatback failed backwards and allowed him to be ejected out the rear hatch of his 1995 Chevy Camaro. Mr. Luke was rendered a paraplegic.

The case settled for a confidential amount.

Seatback Failures

Often the ability of an occupant to walk away from a serious rear-end accident depends on how well that occupant’s and seatback performed in the crash.

If the seatback fails in a rear-end accident it not only exposes the person in that seat to injury, but can lead to significant injuries for the persons or children seated in the rear.

While there is significant debate within the automotive industry about the best design for seatbacks to prevent injuries, there is consensus that seatbacks should not fail uncontrollably rearward.

The role of seat backs

Consumers are constantly reminded of the importance of wearing seatbelts to prevent injuries in frontal accident. However, in a rear-end accident it is the seatback that is critical to prevent injuries. Therefore, it is critical that the seatback be designed with sufficient structural integrity to keep occupants safely in place.

If poor design choices are made, or safer alternative designs ignored, significant injuries can result.

We can help

At the Didier law Firm we understand the complex issues surrounding the debate over seatback designs, and have successfully represented consumers injured when seatbacks failed. If we can assist you in pursuing a claim stemming from a seatback failure, please do not hesitate to call.