Seatback Failure Verdict Questions Federal Safety Standards

November 16, 2018 / 12:19 pm

Seatback Failure Verdict Questions Federal Safety StandardsA Texas jury found Toyota, the parent company of Lexus, guilty of “gross negligence” for failing to warn consumers of potential seatback failures in a $242 million verdict. The case was in respect to a 2016 car crash, in which two young children suffered traumatic brain injuries when their parents’ Lexus was hit from behind.

A seatback failure can occur when a vehicle endures rear impact collision. When impacted, the front seats of the vehicle can collapse, launching the driver and passenger backwards, where they are at risk of sliding out of their seatbelts and flying headfirst into the backseat. This can cause major injuries including brain or spinal cord injuries. During a seatback failure, people in the backseat, especially small children, are at risk for catastrophic and sometimes fatal injuries.

Unfortunately, this is not the first case against a major vehicle manufacturer for seatback failure. Over the years, major Japanese, American, German, and Korean vehicle brands have been involved in similar cases. As recently as 2016, a Texas jury awarded a family a $124.5 million verdict against Audi, when their son suffered permanent brain damage due to seatback failure.

Federal regulations for seatback strength safety standards have been in place since 1967. However, crash tests have shown that even a banquet chair can pass the current safety standards set in place. According to the National Highway Traffic Safety Administration (NHTSA), accidents involving seatback defects are rare. As a result, it has been difficult to update the current safety standards.

Seatback failures and defects vary from carmaker to car model, but NHTSA urges that the best place in a vehicle for a young child is in the backseat behind an empty seat or behind the lightest person in the front seat. If you or someone you love has been harmed by a seatback failure, Colson Hicks Eidson wants to help.

Our car defect lawyers have handled more than 100 cases involving defective auto components. You have the right to expect your vehicle will keep you safe. When it doesn’t, you have the right to take legal action. Our attorneys can discuss your case with you and help you determine your options. Call us at 305-476-7400 or fill out our online form to schedule a free consultation.

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Colson Hicks Eidson is pleased to announce that Zachary Lipshultz has become a partner with the firm.

Dean Colson, managing partner of the firm, commented: “Zach is a valued member of the firm and a respected figure in the South Florida legal community. His practice focuses on complex commercial litigation and products liability matters, representing both plaintiffs and defendants in high-stakes disputes across a wide range of industries. He is known for his strategic judgment, rigorous advocacy, and ability to manage cases involving significant financial exposure and novel legal issues.”

During his six years at Colson Hicks Eidson, Zach has worked with Bob Martinez, Curtis Miner, and other firm partners to secure four nine-figure judgments against Fortune 500 companies, obtain dismissals with prejudice on behalf of multiple Fortune 500 defendants, and successfully represent clients before arbitral, state, and federal forums, at trial and on appeal.

According to Senior Partner Bob Martinez: “Zach has been the indispensable force behind our victories in several high-stakes matters over the past seven years, combining unique legal talent with exceptional dedication and service to our clients.”

“Having spent multiple weeks shoulder-to-shoulder with Zach in trial, I am eager to have him as a teammate on any type of trial we need to suit up for,” added partner Curtis Miner.

Zach joined the firm following a federal judicial clerkship with the Honorable Robert N. Scola, Jr., former United States District Judge for the Southern District of Florida. Zach is a 2016 graduate of the University of Miami School of Law. He completed his undergraduate studies at Oberlin College in 2011 and earned a master’s degree in marine affairs and policy from the University of Miami Rosenstiel School of Marine and Atmospheric Science in 2012.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson, a leading trial law firm, is proud to announce its relocation to the Penthouse of the South Tower at Douglas Entrance in Coral Gables. This move marks an important milestone for the firm, which has represented clients in local, national, and international matters for more than 55 years. The new office is located within Douglas Entrance, home to the historic gateway La Puerta del Sol (“The Gate of the Sun”), and is surrounded by Mediterranean-style architecture, lush landscaping, and expansive courtyards. With its picturesque, Spanish-walled-city appearance, Douglas Entrance provides a distinctive office environment in Coral Gables, and the firm’s name will soon adorn the top of the South Tower.

The space holds personal significance for Managing Partner Dean Colson, who explains: “For those of us who grew up in the Gables in the ‘50s and ‘60s, the original Douglas Entrance was very much a part of our lives – it was the working home for many of the doctors, lawyers, architects, and other professionals who lived south of downtown Miami. Our move reflects not only our firm’s growth, but our ongoing dedication to our clients and the Coral Gables community. It is reminiscent of our decision 25 years ago to restore the building that is now Books & Books and secure its historic designation—a choice that helped preserve the character of Coral Gables. The firm remains committed to doing the right thing for our community.”

Colson Hicks Eidson moved into its new space in December 2025 with the assistance of Will Morrison of CBRE. According to Dean, “Will’s expertise, vision, and patience made this deal possible. G. Alvarez Studio ensured that the design of our floor was executed perfectly.”

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 55 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that three of our partners have been named to the 2026 Lawdragon 500 Leading Lawyers in America guide. Congratulations to Curtis Miner, Julie Braman Kane, and Joseph J. Kalbac Jr.

They were recognized for excellence in Litigation and White Collar (Curtis Miner), Plaintiff Class Action Litigation (Julie Braman Kane), and Plaintiff Personal Injury (Joseph J. Kalbac, Jr.).

Lawdragon recognizes this exceptional group for leading the way for clients, communities, and their firms, while shaping the law for decades to come.

This guide is based on a record number of submissions, combined with journalistic research and vetting with the nation’s leading lawyers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to share that Managing Partner Dean C. Colson has been recognized in Florida Trend’s 2025 edition of the Florida 500, which features the 500 most influential executives across various economic sectors in the state.

Dean was honored for his major client wins over a 40-year career and his lasting contributions to Florida higher education, with the firm describing him as “the only person to have chaired the State University System in Florida, the Board of Trustees of Florida International University, and the Board of Trustees of the University of Miami.”

He served 18 years as a UM trustee, chairing a $1.4-billion capital campaign, and was appointed by Gov. Jeb Bush to the state’s ethics commission and Supreme Court Judicial Nominating Commission. Dean also chaired committees that secured the 1999 and 2007 South Florida Super Bowls, clerked for U.S. Supreme Court Justice William H. Rehnquist and Fifth Circuit Judge Peter T. Fay, and remains a trustee for FIU and Miami’s Institute of Contemporary Art.

A renowned U.S. trial lawyer, Dean handles complex civil litigation, personal injury, product liability, and professional malpractice matters. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Click here to read the full edition.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has been named to the 2026 edition of the “Best Law Firms” by Best Lawyers®, recognized at both the national and metropolitan levels. Ten of the firm’s attorneys were also named to the 2026 edition of Best Lawyers® across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company
  • Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to announce that partner Roberto Martinez has been selected to receive the 2025 Miami-Dade Bar Circle of Excellence Award for Civil Litigation, which honors attorneys and paralegals who demonstrate exceptional performance within Florida’s legal profession.

Bob, a renowned trial lawyer with a distinguished record in high-profile cases and public service— including his tenure as U.S. Attorney for the Southern District of Florida—has made significant contributions to advancing the legal profession and facilitating the administration of justice. His leadership and mentorship have had a lasting impact on the broader legal community.

The award will be presented at the Miami-Dade Bar’s Annual Award Ceremony in Coconut Grove on November 19. Colson Hicks Eidson is a proud sponsor of the event.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.