DaimlerChrysler Wins Landmark Air Bag Case
11 May 2000
Verdict Affirms DaimlerChrysler Air Bag SafetyAUBURN HILLS, Mich., May 11 DaimlerChrysler Corporation scored a major legal victory today when a Wayne County, MI jury ruled that the company was not responsible for an air bag related fatality. In a tragic October 1995 accident, seven-year-old Alison Sanders was killed when her father, Robert Sanders, ran a red light. Because she had slipped off her shoulder seat belt and was sitting forward on the edge of her seat, Alison was less than four-inches away from the air bag when it deployed. Sanders v. DaimlerChrysler has been regarded by the auto industry and safety advocates as a landmark case since the air bag involved in this lawsuit was similar to the air bag in the vast majority of vehicles on the road. The National Highway Traffic Administration (NHTSA) had reviewed the performance data of the minivan air bags twice and found no defect. "Alison Sanders' death was a tragic accident, made even more tragic because it could easily have been prevented if she had been properly belted or if the clear warnings on the sun visor had not been ignored," said DaimlerChrysler Associate General Counsel Ken Gluckman. "We are gratified that the jury agreed that the minivan's air bag was safe affirming the life-saving protection air bags provide when used properly with seat belts. The sad fact is that Alison Sanders would have walked away from this accident like her brothers did if, like them, she had been wearing her seat belt properly." During the trial, DaimlerChrysler attorneys argued: * This was a serious accident, not a fender bender. According to his own expert, Mr. Sanders was traveling at 40 m.p.h. in a 30 m.p.h. zone when he ran a red light and smashed into a Chevrolet Lumina minivan. In addition, the police officer in charge of the accident investigation testified that this was a "severe" accident; one where he would expect the air bags to deploy. Furthermore, the accident was serious enough to total the other vehicle, cause $10,000 in damage to Mr. Sanders' minivan, and partially eject an 84-year-old woman out the side window of the Lumina minivan, causing her permanent injuries. More than 1,200 people are killed and another 22,000 seriously injured in accidents of similar severity every year. * Air bags save lives, but they must be used properly with seat belts According to the federal government, more than 5,300 Americans owe their lives to air bags. But air bags are a supplemental system, not a replacement for seat belts. No properly belted passenger has ever been killed by an air bag in a DaimlerChrysler vehicle. * The warning that would have saved Alison Sanders' life was ignored. The 1995 Dodge Caravan involved in this accident came equipped with highly- visible, federally-mandated warning labels on the sun visor, just inches from the driver's eyes. Also, the vehicles owners' manual contained numerous references to the need to wear seat belts, the risks associated with air bags, and the risks to children. * This verdict affirms the safety of air bags. The air bag in the 1995 DaimlerChrysler minivan exceeded 1998 federal safety standards. In two similar cases, federal courts previously found no defect with air bags. "The air bag in this vehicle was one of the most extensively researched and tested safety devices in automotive history," said Gluckman. "This case serves as a heart-breaking reminder that seat belts often represent the difference between life and death in auto accidents." In the only previous similar trial involving a DaimlerChrysler minivan air bag, U.S. District Court Judge Jed Rakoff reversed a New York jury's $750,000 judgment and entered a verdict in favor of DaimlerChrysler. In his November 19, 1999 opinion, Judge Rakoff concluded that "air bags are the proverbial mixed blessing" that carry "risks that can be reduced but not eliminated." During that trial, Judge Rakoff dismissed the plaintiffs' allegation that the warning labels in the DaimlerChrysler minivan were inadequate, arguing that no "reasonable juror" could have concluded that the company "should have placed some different warning ... somewhere else in the vehicle ..." In reaching that conclusion, Judge Rakoff noted that the exact language and location of the warnings were clearly specified by NHTSA, and said he was starting from the "common sense" proposition: "How can a manufacturer be liable for following the required rules of law?"