Greedy Trial Lawyer
Automobile Bonfires
Category: Torts For Our Time
Ford Motor Co. recalled about 220,000 vehicles from the 2005 model year Wednesday amid concerns that a battery cable rubs against the vehicle frame, possibly causing fires, and that a fuel tank strap could separate after logging tens of thousands of miles. This is the calm and very typical language of a news report of a vehicle recall. In this particular recall and report the risk is of automobile bonfires. The combination of gasoline and an ignition source is all that is necessary for the family sedan to become a funeral pyre. When a motor vehcle erupts in flames, something well outside consumer expectations for the product, I propose the mere happening of this event would establish a prima facie cause of action for Unintended Bonfire. Why should anyone have to spend thousands of dollars seeking to prove the specific cause of the conflagration?
The recall linked to the cable involves more than 98,000 Ford Crown Victoria, Lincoln Town Car and Mercury Grand Marquis sedans. Ford said in a letter to the National Highway Traffic Safety Administration that it has received four reports of fires.Ford spokeswoman Kristen Kinley said chafing of the cable caused the exposure of wires to the vehicle frame, causing the frame to become electrified in some cases and carry the potential for heat damage or fires.
The separate recall caused by the separation of fuel tank straps involves more than 123,000 Ford Freestyle crossover vehicles, Ford Five Hundred sedans and Mercury Montego vehicles.
The automaker discovered the problem during durability testing of a future model of the Five Hundred at high mileage.
The company's investigation found that in December 2004 the manufacturer of the strap changed to a weaker grade of steel that could not meet Ford's durability requirements. Ford declined to disclose the supplier's identity.
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