The decision came out of a lawsuit that was filed by a Trinity competitor in Bristol, Virginia. The jury in the case concluded that Trinity lied to the US government by marketing its ET Plus guardrail system without telling of the changes made to it in 2005.
Trinity Industries is also facing other lawsuits: There are 20 other personal injury suits that allege the product is defective. Some of the suits maintain that the revisions to the design make the system more dangerous, and that it can jam when a car hits it and pierce the car rather than helping the car to slow down.
The ruling came down as federal prosecutors are looking at the relationship between the company and the Federal Highway Administration, which does the review of highway safety devices. The sign off by the FHWA on the ET Plus device paved the way for hundreds of millions of dollars in tax payer money to reimburse several states for buying the system.
If you are ever injured by a defective product, you should know that the other party will likely claim that the injury was not caused by a defect of their product. They may claim that the injury is your fault and that you should not get any compensation because of your negligence.
As defective product personal injury attorneys, we are familiar with the games that some defendants will play to avoid liability. Be sure to speak to an experienced personal injury attorney right away if you believe you are injured due to any type of defective product.