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August 11, 2008

Consumer Expectation Test Applied to Airbag Defect Claim

The U.S. Court of Appeals for the Sixth Circuit overturned a summary judgment ruling in favor of Honda Motor Company in a case involving a non-deploying airbag.  The court said that since the plaintiff stated her expectation about the airbag and Honda's own brochure regarding the car's safety features created an expectation about the airbag's deployment, the consumer expectation test applied under Tennessee law.  The plaintiff's circumstantial evidence regarding the vehicle's speed at the time it collided with a tree was enough from which a jury could find that the airbag should have deployed and was, therefore, adequate to survive summary judgment.  See the report on Sigler v. American Honda Motor Co., 6th Cir., No. 07-5471, 7/8/08) in Product Liability Daily.

JDP

August 11, 2008 | Permalink

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