Oregon law provides a remedy for damages caused by the sticky Toyota accelerator problem. By the way, this was not the first problem with Toyota accelerators. Last November, NHTSA announced a problem with the mats allegedly trapping the accelerators.
Oregon Revised Statutes 30.900 confirms a right to sue Toyota and the local dealership for property damage, personal injury or wrongful death caused by defects. The law is broad. It covers the following:
• Problems with manufacturing, inspection, testing, design or other defect; and
• Toyota's failure to warn of the problem of the sticky accelerator.
If you purchased your Toyota in Oregon, this law applies to you.
News reports indicate that Toyota was slow to act, despite horrific crashes allegedly due to sticky accelerators. Yesterday's New York Times article, notes the how Toyota initially discounted the problem and then blamed loose mats. Some think that even the sticky accelerator might not be the only problem. Instead, some blame the electronic system.
So, it seems that Toyota and local dealers sold defective products. The next question is whether it is worth the time and money to sue Toyota in Oregon. If uncontrollable acceleration (from whatever cause) did not cause a crash, then, it is doubtful that you should spend your time and effort with a lawsuit. On the other hand, if the uncontrollable acceleration caused you to suffer significant property damage, or if it caused personal injury to you or someone else, then you should consult with a lawyer, whether it is me or someone else.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
The above is not legal advice. I cannot give you reliable advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
