Toyota Moves to Dismiss Sudden Acceleration Products Liability Lawsuits

Hundreds of products liability lawsuits are pending against the auto giant Toyota, based on unintended and sudden acceleration of the vehicles. Toyota moved to dismiss the products liability lawsuits on Tuesday, asking the Federal Court in Santa Ana, California to throw out the products liability cases, according to The Associated Press. Toyota is claiming that the plaintiff drivers bringing the products liability suits failed to identify any defects. The granting of a Motion to Dismiss essentially throws a plaintiff’s case out of court, which means that the injured Toyota drivers could be totally prevented from receiving any compensation for their injuries.

Just this past July, Tampa Bay Online published another article from The Associated Press reporting that the Department of Transportation had analyzed dozens of black boxes in Toyota vehicles and found that the throttles were open and the brakes were not engaged. Black boxes provide information about a vehicle, such as details about what the vehicle was doing at the time of an accident. If this data is found to be reliable by the court, it could be used to support an allegation that the plaintiff drivers of the Toyotas were stepping on the accelerator rather than the brakes-showing that the Toyota vehicles or “products,” were not defective.

What would happen if you are injured by a defective product in Florida and Florida law applied?  Florida law provides for multiple theories of products liability, such as Negligence, Strict Liability, Breach of Warranty and Fraud or Misrepresentation/Fraudulent Concealment. It is important that you have an experienced attorney who can determine which theory or theories of products liability are most suited for your case, and which theory would provide you with the highest chance of recovery for your claim. If you or someone you know has been injured by a product, contact the attorneys at Perenich, Caulfield, Avril & Noyes today for a free consultation regarding your possible products liability claim. We see you through.

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