Torts - Products Liability - Application of Nebraska Law in Second Collision, Design-Defect Cases

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Authors
Martin, Elaine M.
Issue Date
1977
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Journal Article
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FIRST PARAGRAPH(S)|The United States Court of Appeals for the Eighth Circuit recently interpreted Nebraska law concerning "second impact" injuries in the two to one decision of Melia v. Ford Motor Co. In this expanding field of products liability, manufacturers of automobiles have become increasingly liable for injuries received by the car occupants as a result of defective designs that cause harm after the initial collision. "The ability of the vehicle to protect the passengers from exacerbated injuries following a collision" is referred to as "crashworthiness". Terms such as "second collision doctrine" or "second accident" injuries emphasize a two stage causation requirement: "The first collision occurs between the car and another vehicle or object, whereas the second collision occurs between the occupant of the car and the car's interior or the ground, should the occupant be ejected." Injuries occurring after the initial accident are phrased "enhanced injuries"...
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10 Creighton L. Rev. 198 (1976-1977)
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Creighton University School of Law
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