Massachusetts, as well as 30 other states, have banned the use of a guard rail part manufactured by Trinity Industries. The company’s ET-Plus guardrail end terminal is at the center of an investigation, thanks in large part to its ties to 14 accidents and four deaths.
New Jersey is the latest state to ban the use of the guardrail system, with a New Jersey Department of Transportation Official saying:
“The department will continue to work with the Federal Highway Administration on this issue. The NJDOT’s top priority is the safety of motorists on our highways.”
Safety concerns about the part have led these states to ban use until additional testing by federal agencies is completed. According to a report by the New York Times, the guardrails are to blame for multiple injuries and deaths throughout the country.
This story continues to develop with each passing day, as more and more states ban the guardrail and look into their options for removing the dangerous part (if it comes to that). We will keep you updated in the days and weeks to come.
As of 2019, this case made it to the U.S. Supreme Court. It was appealed and found that the company, Trinity Industries, did not violate the False Claims Act. This case demonstrates that product liability cases can take a long time in court. In addition to the process of building your case, the legal system allows for defendants to appeal at different levels.
Navigating Dangerous Product Cases
While most products undergo rigorous testing policies before being released to the public, injuries can, and do, occur. If you are the victim of a dangerous product injury, it is not always easy to determine how to proceed. One of the first things that you should do is to receive medical care. This is important to your safety, as well as documenting the injury.
Then, it is important to reach out to a defective product lawyer. Defective product cases require careful investigation and knowledge, which is best done early in the case in order to preserve evidence.
Your lawyer can help you preserve the evidence in a safe manner. They will also assist you in reporting the dangerous product to the right party. Reporting dangerous products is important in preventing others from also being injured, while also notifying the Consumer Product Safety Commission (CPSC). In some cases, this can lead to a recall of the product, if there are enough reports against a specific product.
Stay Within the State’s Statute of Limitations
While it is best to begin the process as soon as possible, we know how overwhelming it can be dealing with an injury. However, it is important to stay within the state’s time limits for filing a defective product case, which is just three years from the date of the injury. This time limit comes fast, and it takes time to build your case.
If you are thinking about pursuing legal action, reach out to a lawyer soon. With a free consultation, there is no risk in determining your legal options.