Anyone who has driven on the highways in the United States has likely seen guardrails. Many areas ultimately make the decision to install them to help protect drivers in the event of an accident. Unfortunately, the family of a man in Tennessee has recently filed a lawsuit against the makers and installers of the X-Light guardrail system, claiming that they are dangerous products.
The lawsuit claims that the pieces of the guardrail system are meant to “telescope,” or collapse into one another, in the event of an accident. However, the plaintiffs argue that the failure of the product to perform as intended caused a piece of guardrail approximately 60-feet long to pierce the vehicle. As a result, their loved one passed away.
The lawsuit names Lindsay Corporation, the company that manufactures the guardrail system, as well as Cumber Guardrail, Inc., the company that installs the guardrails. It claims that Lindsay Corporation altered, hid and/or misrepresented test data in addition to failing to provide information about problems with the product. The lawsuit asserts that the company also failed to provide proper installation directions, but Cumber Guardrail, Inc. should have been aware that the guardrails were improperly installed and would not work as intended.
Two other families have filed similar lawsuits in response to fatal car accidents involving the guardrails. While Tennessee is now taking steps to prevent similar incidents in the future, pursuing civil litigation is often one of the few options available to place a spotlight on dangerous products. In addition to potentially saving lives in the future, the families’ actions could also result in a monetary award that will both hold the responsible parties accountable for their negligence as well as help surviving family members cope with the consequences of their loss.
Source: wate.com, “Families sue guardrail company after fatal Tennessee accidents”, June 28, 2017