Subaru Product Liability Lawsuit Filed Over Fatal Rollover Accident

A product liability lawsuit has been filed over the death of a California woman who was ejected from her 2001 Subaru Forester during a rollover accident, alleging that multiple defects with the vehicle failed to protect her during the crash. 

The wrongful death lawsuit was filed this week by the family of Lisa Ann Thayer, who was killed in a Subaru accident on I-40 in San Bernadino County on October 27, 2006. The complaint names Subaru of American, Inc., Fuji Heavy Industries LTD of Japan and Autoliv North America as defendants.

According to a press release issued by lawyers for the family on Tuesday, Thayer was wearing the seat belt properly at the time she lost control of the vehicle, which rolled over multiple times. However, the seat belt broke during the crash and Thayer was hurled out of the vehicle’s passenger compartment and killed. Her minor daughter, Emma Thayer, also suffered injuries in the accident.

The complaint alleges that the occupant restraint system in the 2001 Forester was defective, and failed to provide the passenger protection required by federal standards. In addition, the lawsuit claims that the defendants have known since at least 1970 that the unsupported, tempered glass often used in their vehicles could be laminated and enforced to help prevent ejection from the vehicle, but the auto maker has not done so.

In addition, the lawsuit says that Subaru knowingly misrepresented vehicle testing data to federal authorities, such as the National Highway Traffic Safety Administration (NHTSA) to make it appear as though the windows were safe. It also says the company ignored recommendations from its own engineers to make the window systems on the Forester and similar vehicles safer.

The Subaru product liability lawsuit, filed in Superior Court of California in Orange County, seeks an unspecified amount of damages for wrongful death, pain and suffering, personal injuries, medical expenses and economic losses.