Seat Belt Failure
A two-car collision that should have been survivable turned fatal when both the driver’s and passenger’s shoulder harnesses failed to function properly. We discovered that when the dealer had rust-proofed the vehicle, the rust-proofing material had been sprayed into the shoulder harness retractor mechanisms, causing them to release rather than lock during the collision. There were no covers on or around the retractor to prevent this easily predictable situation. Prior to the accident, our clients had even told the dealer the harnesses were not working properly. The dealer kept the car for servicing and then assured our clients the seatbelts were functioning correctly. The driver suffered severe facial and internal injuries, as did the passenger, who died from those injuries several days later. The case was settled at a final pre-trial conference.