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The Law Offices of David H. GreenBerg
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DEFECTIVE SEAT BELTS

Are you at risk in an accident?

Defective Seat Belts: Spool Out & Torsion Bars

As consumers we rely on our seat belts to protect us in the unfortunate case of an accident. In fact, in the State of California, it is the law that you must buckle up. Of course we all assume that if it's the law to put on our seat belts, then they will restrain us in an accident and prevent injury.

But did you know that some manufacturers actually set a threshold limit at which the seat belt will unspool in an accident, thereby not restraining you?

It's true. Some seatbelts will intentionally unspool in an accident- just like if you pulled out the seat belt with your hand so that there was a lot more fabric released. A component of the seatbelt called a torsion bar is set to twist and fail at a certain weight threshold which releases all of the fabric on the belt. You don't have to be an engineer to know that by pulling out the seat belt, you will effectively make the seat belt totally useless in restraining you. When this happens in an accident and the occupant is no longer restrained, they can smash into the dashboard, windshield, steering column or side windows or doors. Injuries can be traumatic and severe if not deadly.

Which cars are affected?

There have been several lawsuits filed against Toyota for the Prius. In these lawsuits, Plaintiffs claim that their seat belts spooled out in an accident, and that Toyota designed the car to function in this manner. If you own a Prius and were in an accident, you may have been affected by this seat belt problem. Call us now to see if you have a case at 1-888-204-1014.

Seat Belts Are Meant to Restrain You

A defective seatbelt is a frightening notion for any driver. It is well known that the proper wearing of seat belts saves thousands of lives a year. But a defective seat belt can be a hidden terror in any type of car, essentially negating any safety precautions that a functioning seatbelt would provide. Defective seatbelts can cause serious injury to the spinal cord, head, ribs, chest, and internal organs. Clearly defective seat belts can be deadly.

Historically seatbelts have taken on various forms including both sash and lap belts. Today, the seat belt system found in most cars is a 3-point safety harness. For cars and SUV's manufactured today, this type of belt is now required in all potential passenger seating locations. The three points of the 3-pt. seatbelt are located above the shoulder and on either side of the hips (one at the buckle, and the other across the lap and around the underside of the seat). The three-point seat belt design aims to diffuse the energy of impact while protecting the upper body and thorax in the event of a crash.

Potential Defective Seatbelt Problems:

Now let's discuss some of the major potential problems that define defective seat belts.

1. Defective seat belts from retractor lock failure

One of the main safety functions of seat belts its retractor lock response in the event of a crash. Should the retractor fail to the user tightly in position during an accident, as its supposed to, the result would be a hazardously defective seat belt. Without proper locking of the retractor, the seat belt material rolls out, creating dangerous slack that threatens the safety of the car occupant. Retractor failure can be the fault of either a manufacturing or design defect.

2. Defective seat belt due to latch problem

The effective latching, or closing, of a seatbelt is easily one its most crucial functions. Without proper latching the seat belt is useless. Latch failure can occur in a few different ways. One is false locking. A false latch is when the buckle and latch plate appear to be properly engaged by look, feel, and sound; however, the seatbelt is still not locked properly. Another defective seatbelt latch issue occurs when the buckle becomes undone during a crash by being compromised in some way by the collision's impact. This is called inertial unlatching. Defective seatbelts with this type of problem can make a serious accident even more deadly. Another latch issue is that of spontaneous unlatching. When a defective seatbelt unlocks for no known reason, the consequences to the wearer can be dire.

3. Defective seatbelt as a result of ripped or torn webbing

The fabric, or webbing, of the seat belt itself is an essential safety element of any safety harnessing system. This specialty webbing is supposed to be able to endure even the most horrific of crashes. So should the material fail, the result is a dangerously defective seat belt. Failure of the webbing can include tearing at any point in the harness, indicating that it may in fact be improperly installed or attached. In some instances the material of the seat belt may even be snapped in two, often as the result of being loaded too quickly. Another webbing defect can exist at the manufacturing level, wherein a weaving or other production defect compromises the belt material, leading to defective seatbelts.

4. Defective seatbelts due to other problems

There are numerous other factors that can result in defective seatbelts. These include but are not limited to:

  • Seat belts mounted on passenger doors, which become defective and dangerous should the door open during a crash.
  • Seatbelts without shoulder strapping, as seen in the lap-only seatbelt vehicles manufactured prior to the 1980's are considered extremely dangerous.
  • Automotive system failure can render seatbelts defective. Instances include roof collapse and seat malfunction.
  • Improper tension will also make for a defective seat belt. Too little or too much tension can result in serious bodily injury to an unsuspecting car occupant. Additionally a poor fitting belt can be highly hazardous to the wearer.

Defective seatbelts put all drivers and passengers at extreme risk for injury or death. Understanding the different ways defective seat belts are present is an important step in protecting you and your loved ones. Getting in an accident is horrendous enough, but not being able to rely on properly manufactured, designed and installed seat belts is simply unacceptable. Contact us if you suspect a defective seat belt has injured you.

Defective Seat Belt Information: