Possible Product Liability
#1
Possible Product Liability
About 33 days into my xB ownership some inattentive clown plowed into me from the read at about 3 to 4 mph. The damage was only $640. But, the impact jerked my head back into the bottom edge of the headrest. The headrest was fully extended and waay to high for my 5'10" noggin. I usually leave headrests down, anyway.
Well, after the accident (I'm still seeing a chiropractor) I set the headrest all the way down and kept on trucking. The other day, at the Toyota dealership, I got out and noticed my headrest was almost all the way up just like the passenger headrest! I reached over and put it down the put one finger under it and EASILY lifted it, click by click, to the top position! The spring putting upward tension on the headrest is way too strong for the latch.
While getting the car serviced I walked in the showroom to an xB and xA and could NOT budge either headrest with one or two fingers! I told the service writer and he seemed concerned. He had a sevice tech come out and he looked at it and shrugged.
Thinking about a lawyer. BTW, mine is an early 2005.
Well, after the accident (I'm still seeing a chiropractor) I set the headrest all the way down and kept on trucking. The other day, at the Toyota dealership, I got out and noticed my headrest was almost all the way up just like the passenger headrest! I reached over and put it down the put one finger under it and EASILY lifted it, click by click, to the top position! The spring putting upward tension on the headrest is way too strong for the latch.
While getting the car serviced I walked in the showroom to an xB and xA and could NOT budge either headrest with one or two fingers! I told the service writer and he seemed concerned. He had a sevice tech come out and he looked at it and shrugged.
Thinking about a lawyer. BTW, mine is an early 2005.
#2
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Was it always like that, or was it more prominent after the accident? Sounds like it is defective. Toyota could be held liable, and would likely settle in such a case. I suggest asking a lawyer or your insurance company.
#5
Pardone, but 3-4 mph is enough to get injured as I did. Especially when your head hits a metal edge. It was like being tapped on the head with an aluminum bat.
I think eveybody ought to eyeball his headrests to see if they are like mine. The showroom cars are six months older than mine and they have plenty of resistance to riding up.
I think eveybody ought to eyeball his headrests to see if they are like mine. The showroom cars are six months older than mine and they have plenty of resistance to riding up.
#6
Originally Posted by UnFocused
if you want to take someone to court, why dont you take the idiot who hit you!!
Ding, ding, ding!
BTW "3-4" MPH is not enough to go to the doctor over geez!!
Ding, ding, ding!
BTW "3-4" MPH is not enough to go to the doctor over geez!!
#8
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Originally Posted by UnFocused
if you want to take someone to court, why dont you take the idiot who hit you!!
Ding, ding, ding!
BTW "3-4" MPH is not enough to go to the doctor over geez!!
Ding, ding, ding!
BTW "3-4" MPH is not enough to go to the doctor over geez!!
Try running into a brick wall at 4mph, and see how you feel! When the car impacts something else at that speed, everything else inside the car continues at the same speed while the car stops. Now your head, moving at 4mph, reaches full extension, bounces back, and misses the headrest. Now you've got whiplash, buddy.
4mph, is a a good jogging speed. A normal accident at that speed is not a big deal, but if the headrests failed, then it is.
DING DING DING!
#9
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Originally Posted by TheScionicMan
Could the looseness have been caused from the earlier accident?
#12
Originally Posted by George
I'm sure that you can find an ambulance chaser to take your case. Why bother to consult with us?
#14
Actually, you probably don't have a case. This is something you didn't notice when you got into the car.
A good lawyer will liken it to not putting your seatbelt on and blame it on you.
You won't be able to prove it was down, and just going "up easy" won't be enough.
While mine does go up easy (I can push it up with my head while driving), I noticed it long ago and monitor it.
Also, you mentioned that the passenger side headrest was up, sounded like you leave it that way as well, these things will work against you. And if they can find one person who "kinda remembers it was up when I saw him", your case would be gone.
Lastly, they'll place liability on the guy who hit you as he is the one who was truely at fault.
Worst case...You cause them to add some part to the xB, make them a few dollars more expensive and you still get nothing. A case like this would cost a ton of money to get into court, more to get through court and, in the end, you won't see anything.
A good lawyer will liken it to not putting your seatbelt on and blame it on you.
You won't be able to prove it was down, and just going "up easy" won't be enough.
While mine does go up easy (I can push it up with my head while driving), I noticed it long ago and monitor it.
Also, you mentioned that the passenger side headrest was up, sounded like you leave it that way as well, these things will work against you. And if they can find one person who "kinda remembers it was up when I saw him", your case would be gone.
Lastly, they'll place liability on the guy who hit you as he is the one who was truely at fault.
Worst case...You cause them to add some part to the xB, make them a few dollars more expensive and you still get nothing. A case like this would cost a ton of money to get into court, more to get through court and, in the end, you won't see anything.
#16
My '05 is the same way. Real easy going up. It's an odd design. The lock should hold it in place going up or down. Seems to me, in a rear end crash, maybe your head could hit it and raise it at the same time, cause it does'nt lock going up. This could be bad in a rear-ender at any speed !!
#17
Re: Possible Product Liability
Originally Posted by woof
About 33 days into my xB ownership some inattentive clown plowed into me from the read at about 3 to 4 mph. The damage was only $640. But, the impact jerked my head back into the bottom edge of the headrest. The headrest was fully extended and waay to high for my 5'10" noggin. I usually leave headrests down, anyway.
Well, after the accident (I'm still seeing a chiropractor) I set the headrest all the way down and kept on trucking. The other day, at the Toyota dealership, I got out and noticed my headrest was almost all the way up just like the passenger headrest! I reached over and put it down the put one finger under it and EASILY lifted it, click by click, to the top position! The spring putting upward tension on the headrest is way too strong for the latch.
While getting the car serviced I walked in the showroom to an xB and xA and could NOT budge either headrest with one or two fingers! I told the service writer and he seemed concerned. He had a sevice tech come out and he looked at it and shrugged.
Thinking about a lawyer. BTW, mine is an early 2005.
Well, after the accident (I'm still seeing a chiropractor) I set the headrest all the way down and kept on trucking. The other day, at the Toyota dealership, I got out and noticed my headrest was almost all the way up just like the passenger headrest! I reached over and put it down the put one finger under it and EASILY lifted it, click by click, to the top position! The spring putting upward tension on the headrest is way too strong for the latch.
While getting the car serviced I walked in the showroom to an xB and xA and could NOT budge either headrest with one or two fingers! I told the service writer and he seemed concerned. He had a sevice tech come out and he looked at it and shrugged.
Thinking about a lawyer. BTW, mine is an early 2005.
#19
I think you definitely ought to consult a lawyer, mainly because all the opinions you are getting from the nice folks, (and not-so-nice folks), in here don't amount to a hill-o-beans. (that includes my own comments)
If the head rest migrates out of position all by itself that is a serious problem. You were lucky the speed of impact was so low. What could happen to another person getting hit at much higher speed? At the very least...if this head rest thing is common...Toyota needs to know, and then decide if a recall is warranted.
(I'll be checking my own head rests tomorrow).
If the head rest migrates out of position all by itself that is a serious problem. You were lucky the speed of impact was so low. What could happen to another person getting hit at much higher speed? At the very least...if this head rest thing is common...Toyota needs to know, and then decide if a recall is warranted.
(I'll be checking my own head rests tomorrow).