NCJ Number
122498
Journal
Temple Law Review Volume: 62 Issue: 2 Dated: (Summer 1989) Pages: 587-623
Date Published
1989
Length
37 pages
Annotation
The 1968 judicial doctrine of crashworthiness is examined, with emphasis on the responsibilities of tortfeasors in proving and apportioning damages.
Abstract
The 1968 case of Larsen v. General Motors Corp. established the doctrine of crashworthiness and defined the duty that an automobile manufacturer owes to the general public in designing automobiles for safe transportation. After Larsen, Federal and State courts accepted the rationale that an automobile manufacturer had a duty to design a reasonably crashworthy vehicle. The crashworthiness doctrine has also been extended to the manufacture of motorcycles, snowmobiles, and airplanes. An inappropriate application of the doctrine gives the plaintiff the burden of proving the extent of harm caused by the respective conduct of multiple tortfeasors. A more just application of the doctrine gives the tortfeasors the responsibility to mitigate their respective responsibilities by determining how much each is liable for the total harm to the plaintiff. Both Pennsylvania precedent and the Restatement (Second) of Torts are consistent with the latter application of the crashworthiness doctrine. 292 footnotes.