Wednesday, February 3, 2010

TORT-YOTA UPDATE

(Bloomberg) -- U.S. Transportation Secretary Ray LaHood, charged with getting to the bottom of Toyota Motor Corp.’s vehicle-safety crisis, served up more confusion than clarity yesterday.

At about 9:30 a.m., LaHood told reporters that drivers of recalled Toyota cars and trucks should “exercise caution” until repairs can be made. Then he told a House panel that owners should “stop driving” them.

What he should have said is this: Assumption of risk is a defense raised in personal injury lawsuits. The defense asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.

Quiz: You already know driving your recalled Toyota maybe dangerous, what defense could be asserted if you attempt to recover for injuries suffered if your defective accelerator causes a crash?

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