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34 Brief 24 (2004-2005)
Emerging Trends and Perspectives in Rollover Litigation

handle is hein.journals/tbrief34 and id is 26 raw text is: PESPCTVE I-N! ROLLOVI P IGTO B. SOE 1-1 5RW N LSBEHM CM 0~' ._, *;__1 ia: LI! P~ ailil I ti [,rI ]P lll @ . ll ] [i i he sports utility vehicle (SUV)Ii a.s captured the T.- modern American imag- .T ination. Since the launch of the Ford Explorer in 1990, SUV sales have steadily increased and manufacturers have developed an ever-increasing array of vehicles to meet consumer demand. Statistics show th at a)Proxittlately eighty different todels of SUV were being offered in 2003, and that SUVs accounteld for approximarely 27 percent of new personal vehicle registrations, the largest market share of atty pas- senger vehicle.' Furdertuore, SLJV buyers appear to be extremely brand loyal, with an estimated 51 percent choosing another SIN as their new vehicle, as compared to an automotive industry average of 41 percetitA That-popularity has not been free of controversy. According to the National H ighway Tntnslr- tation Safety Authority (NHTSA, while rollovers account for only 3 percent of all tIotor vel icle acci- denis, this same 3 percent accounts for 33 percent of passenger vehicle fMalities, Tte taminstreami ,udia has widely reported SUV rollover incidents. Congress has held hear- ings on SUV safety attl rottitl- gatetl legislation increasing regulation on vehicle manufhctur- ers. The autootive induistry Ias tesp lade by lit uldefending SUVs and striving to develop innovative safety systems. Last, but, not least, SUV rollover litigation has prolifer- ated. This article examines how the often conflicting issues surrounding SLJVs have been addressed across these arenas and attempts to provide some perspectives about the futire. With All the negarive media atten- tion, why does the American public remain so fascinated with SUVs? Consumer Perspectives and Media Response According to an early 2004 New Yojrker article by well-known author Malcolm Gladwell, people ult i- mately luty SUVs hcause they view h em as big and heavy, and there- fore safe.4 According to Gladwell, people evaluate the safety of a vehi- cle by assessing how it would fore if crashed into a brick wall. It is a defensive rather than offensive strat- egy, -and SUVs appear to provide a better defense than smaller vehicles, Others have different views. According to Martin Goldfarb, an anthropologist and consultant who Specializes in the stu1dy of itttan 24 THE BRIEF FALL•2004 I i r //: ., .1t .. • . • J 'r , . :.+i • j, . _ ,.i:+.. .... -....: . . , ; o. . . .. . . . .: . • i. . . .. . . . . .. . . . ... • . , i .... ... . . . . . . .. . . :. . _. . .... • . :.. . . . . .. ;. . .... 5. 7-.. a ..... .. ..... ___ _ . • II ,,. i , • • • •

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