Sometimes vehicle product liability lawsuit cases involve a series of mistakes that are not always the direct fault of automobile manufactures, because some special parts and assemblies come from different vendors that the manufacturer later uses in assembly. That appears to be the case with Terex South Dakota, Inc., a manufacturer of trucks equipped with hydraulic buckets, which has filed a breach of contract lawsuit against one of its vendors. Apparently, it’s the company that supplies Terex with the sprockets that are used to keep the bucket stable when it’s lifted into the air.
Terex is recalling 305 of its 2013 Hi-Ranger Model trucks (HR, HRX, TC, TCX, OM and TLM), because the platform rotate cylinder could break away from the brackets, according to the National Highway Traffic Safety Administration (NHTA).
“If the leveling system fails, the aerial platform may tilt, increasing the risk of injury to the user or those nearby,” the NHTSA stated on its website.
Product Liability Lawsuit Case Details and Allegations
The following case details and allegations surrounding the lawsuit of one of Terex’s vendors were gathered from news reports and court documents:2
- Terex claims in a 10-page lawsuit, which was filed in U.S. District Court in Bridgeport on March 31, 2017, that the weldments on several of the leveling sprockets have failed.
- Terex claims that in April 2016 it was required to issue a recall for its Hi-Ranger trucks built between May 2005 and February 2007, as well as June 2011 to March 2016.
- In May 2016, Terex mailed out safety notices advising those who bought those particular Hi-Rangers that some equipment could be recalled.
- Hi-Ranger’s buckets are designed to work up to heights of 45 to 65 feet, according to the Terex website.
- When Terex claimed it contacted the Wisconsin-based Classic Gears & Machining, Inc. to talk about the alleged defect, Terex was told the defect couldn’t be fix.
- Terex for its part is having its dealers install a stop to reduce excessive cylinder linkage movement. The repair will incur no cost to vehicle owners.
- The recall notice states that the defect could cause serious injury to any person in the bucket or below it on the ground.
What Does Terex Seek for Restitution?
The lawsuit does not specify a d amount for restitution for damages, which in this case is mostly repair costs and labor. But, the minimum bar for filing a federal lawsuit is $75,000. Terex does specify five areas of relief that it wishes to be compensated for, including:
- Breach of contract
- Breach of express warranty
- Breach of implied warranty of fitness for a particular purpose
- Breach of implied warranty of merchantability
- Express indemnity
Contact the Law Offices of Pius Joseph – Personal Injury Attorney
Have you been injured by a defective Terex Hi-Ranger bucket or another vehicle’s defective product? If so, contact a Pasadena Personal Injury Lawyer at the Law Offices of Pius Joseph – Personal Injury Attorney, who will champion your cause from the very beginning and see it through until a settlement or jury award has been granted. Since 1990, our trusted and experienced personal injury lawyers have aggressively litigated product liability cases with many successful outcomes; helping victims regain their lives back from injuries and through compensation to assist with their physical, emotional, and financial losses.
Feel free to call us to schedule a free, no-obligation meeting where we can discuss the best strategy to move forward. Call (626) 397-1050, or contact us using the email form on this page. We are in downtown Pasadena, but we’ll be happy to discuss cases throughout the rest of the state as well.
- “Terex Recalls Aerial Devices for Injury Risk” published February 2016.
- “NHTSA Safety Recall Sparks Breach of Contract Suit” published in April 2017.
