Blog

On November 25, 2009, an official press release from Toyota stated:

“Toyota Motor Sales, U.S.A., Inc. (TMS) announced today details of the vehicle-based remedy to address the root cause of the potential risk for floor mat entrapment of accelerator pedals in certain Toyota and Lexus models. Toyota issued a consumer safety advisory on September 29 on this issue and has, as an interim measure, commenced the mailing of safety notices to certain Toyota and Lexus owners on October 30.”  (read full press release)

We have come to find out from this official statement that the recent problems with Toyota vehicles was not caused by floor mats as first thought.  The Toyota press release indicates that the company will fix gas pedals in approximately four millions of cars which created an accelerator problem for drivers.

The National Highway Traffic Safety Administration (NHTSA) confirmed this “vehicle-based remedy” was intended “to fix a sudden acceleration safety issue involving floor mats trapping accelerator pedals in various Toyota and Lexus models.”

Drivers of the vehicles should remove the floor mats until they can have their vehicles reconfigured by Toyota, according to Miller. He also said that the distance between the gas pedal and the floor plan was the problem, and that there was no electronic issue with the vehicles.

Toyota Models in Recall

The Toyota models that are affected and that need to be fixed are:

Toyota Gas Pedal Personal Injury Lawsuits

Will this admission spawn a class action lawsuit against Toyota? The actions have already been filed and more will be coming.

New Jersey personal injury attorney Tom Shebell was asked if he would handle such a case and responded:

“We handle all types of motor vehicle personal injury cases or injuries caused by defective equipment. If anyone in the Garden State was injured by this Toyota gas pedal and floor mat defect, they should get proper representation immediately.”

According to the Los Angeles Times, two individuals have filed a suit against Toyota and are seeking class action status:

“The lawsuit, filed Thursday in Riverside County Superior Court, is the latest in a growing string of suits against the automaker over concerns of runaway acceleration.

The plaintiffs, Seong Bae Choi and Chris Chan Park, seek statewide and national class-action status, arguing that “hundreds of thousands” of individuals could be affected by sudden acceleration caused by defective electronic throttle systems.”

If you would like to join the class-action lawsuit or file a lawsuit in your state, contact a local personal injury attorney. In New Jersey,  you can call the offices of Shebell & Shebell at 877-209-9424.

The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses. The LAD prohibits intentional discrimination based on any of these characteristics. Intentional discrimination may take the form of differential treatment or statements and conduct that reflect discriminatory animus or bias.

Moreover, an employment policy or practice that is neutral in its terms may be deemed unlawful if the policy or practice has an adverse impact on protected groups. However, the disparate impact may be lawful if the employment policy or practice meets an important, legitimate business need that cannot be served with a non-discriminatory measure. For example, screening out applicants for employment based on certain physical traits, such as setting a minimum height requirement, may exclude disproportionate numbers of women and people of certain national origins or ancestries. If the height requirement has a disparate impact on a protected group and is not related to an applicant’s ability to perform important job duties, it may be deemed unlawful. To establish the lawfulness of a policy or practice that has a demonstrated disparate impact, an employer would have to establish that the policy is job related and consistent with business necessity, and that effective alternative practices are not available.

A physical requirement is more likely to be regarded as unlawful if there is an alternative measure of job related abilities, such as strength or stamina tests, that would provide a more accurate evaluation of a candidate’s ability to perform without screening out qualified members of groups that historically have been excluded from particular jobs.

If you feel you have been descriminated by an employer you need to file a complaint with the Office of the Attorney General of New Jersey. Complaints must be filed with the Division on Civil Rights within 180 days after the alleged act of discrimination. A complaint can be filed at any of the five regional offices of the NJ Attorney General. To make arrangements contact the office of the NJ Attorney General nearest to you.

When civil rights are violated, it is best to seek the advice and counsel of an attorney.  At Shebell & Shebell, L.L.C. we can assist you with issues involving descrimination in the workplace.