Federal Court Upholds $1.9 Million Verdict Against BMW

We often think of car accidents in terms of a collision with another vehicle or object. But there are cases where the car itself may be the cause of the accident. After all, cars are essentially a complex type of consumer product. And like any consumer product, a defect in its design or manufacture can seriously injure a driver or passenger during normal use.

Automaker’s “Deceptive Acts” Led to Partial Amputation

New York law holds all product manufacturers, including automakers, strictly liable for such defective products. A manufacturer can separately be found liable for any “deceptive acts or practices” that mislead consumers and cause them injury. Indeed, a federal appeals court here in New York City recently upheld a $1.9 million verdict awarded by a Brooklyn jury on this latter ground.

The case, Boateng v. BMW of North America, LLC, began when the plaintiff parked his car on a narrow residential street. While standing just outside the vehicle on the driver’s side, the plaintiff held the door behind him with his back to the door. His hand was resting on the door handle and his right thumb “tucked around the edge of the door in the door column,” according to court records.

The plaintiff then saw a truck approaching from the left. The plaintiff stepped back to avoid getting hit by the truck. Unfortunately, as he backed up, the driver’s door “swung towards the closed position and its soft close feature activated, amputating a portion of his thumb.”

The plaintiff’s subsequent lawsuit against BMW alleged that the “soft close door” feature was defective and caused his amputation injury. While the trial judge and the jury ultimately found BMW not liable for designing or manufacturing a defective product, the jury did agree with the plaintiff that BMW’s deceptive acts or practices led to his injury. The jury thus awarded the plaintiff $255,360 in economic damages and $1.65 million for past and future pain and suffering, for a total award of $1.905,260.

BMW appealed, arguing there was no “deceptive act” justifying the jury’s verdict. Basically, BMW’s position was that it was “common sense that fingers and body parts should not be put in the path of closing doors,” and that the car’s manual contained adequate warnings about such dangers. But the U.S. Second Circuit Court of Appeals, which affirmed the jury’s verdict, said the evidence at trial “revealed that soft close doors are designed to exert substantially more force” than is necessary to fracture a thumb, and that the door would not stop when blocked by a thumb. From this, the jury could reasonably conclude that BMW’s general safety warnings were insufficient to put the plaintiff “on notice” about the specific risk of amputation.

The Second Circuit added that BMW itself notified German regulators on the same day as the plaintiff’s accident that “it was aware of 44 incidents of injuries to fingers that had occurred between 2001 and 2016 that resulted from the activation of the soft close mechanism.”

Contact a New York City Injury Lawyer

Whether you are injured by a negligent driver or a defective vehicle, you have the right to demand compensation for your losses arising from the reckless conduct of others. Our New York City car accident lawyers are here to help. Contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island.

Source:

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