Simard, Robertson and Rhodes, ‘Ford’s Hidden Fairness Defect’

“A consumer saves up to buy a used car. Unbeknownst to him, the vehicle has a design defect – and in a crash, the airbag fails to deploy, leaving his passenger severely injured. Under state law, the injured party has a right to sue the vehicle manufacturer: but where? The obvious forum is the plaintiff’s home forum – it’s where the owner purchased the car, the accident happened, the injured party was hospitalized, and the plaintiff is able to interview local attorneys with experience in local courts. But there’s a problem – the car manufacturer didn’t sell the car in state. It sold the car elsewhere, and the used-car dealer, or an earlier owner, brought the car into the forum state where it was purchased by its current owner …” (more)

Linda Sandstrom Simard, Cassandra Burke Robertson and Charles W ‘Rocky’ Rhodes, ‘Ford’s Hidden Fairness Defect’, forthcoming in 106 Cornell Law Review Online (2020).

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