In Products Liability

Flowmaster Inc. may be liable for a series of product liability lawsuits filed after a deadly Tennessee parade car accident. The accident occurred during Selmer’s 2007 Cars for Kids exhibition. An Australian race driver named Troy Critchley attempted to perform a “burnout” which resulted in his car crashing into a crowd. Six people were killed and more were severely injured in this accident.

Two different types of personal injury lawsuits typically arise out of an accident such as this one. The first type of lawsuit is a wrongful death action. Wrongful death lawsuits are typically brought by the family members of a deceased person against the person or entity whose negligence caused the person’s death. The second type of lawsuit is called a product liability action, which is typically brought against the manufacturer of a defective product which injured another.

Plaintiffs in the lawsuit against Flowmaster Inc. say that the muffler and exhaust technology company invited the Australian race driver to the parade and therefore had a duty of care in regard to the event. The VP of marketing for the company said that the burnout was the driver’s decision and maintains that the company isn’t liable for the deaths that occurred.

Flowmaster also maintains that it was not sufficiently involved in the event to be liable for the deaths. Flowmaster did not give any money or participate in the event during the year of the accident although it had donated thousands to the parade in the past and the company’s founder had once been a grand marshal for the parade.

Source: Courthouse news Service, “Invitation May Lead to Liability in Crash Deaths,” Jeff D. Gorman, Sept. 30, 2011

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