Legal Definitions - second-collision doctrine

The second-collision doctrine, also known as the crashworthiness doctrine, addresses a manufacturer's liability for injuries that are made worse or 'enhanced' by a defect in their product, even if that defect did not cause the initial accident or impact. The doctrine focuses on the product's ability to protect occupants or users from injuries *after* an initial collision or impact has occurred. Essentially, while the manufacturer may not be responsible for the initial accident, they can be held liable if a design or manufacturing flaw in their product significantly increased the severity of injuries that resulted from that accident.

Here are some examples illustrating the second-collision doctrine:

• Automobile Fuel Tank: Imagine a driver is involved in a rear-end collision, which was caused by another driver's negligence. The initial impact itself is not the car manufacturer's fault. However, if the car's fuel tank, due to a design flaw, ruptures and explodes upon impact, causing severe burn injuries to the occupants, the car manufacturer could be held liable for those burn injuries under the second-collision doctrine. The manufacturer is not responsible for the initial crash, but for the enhanced injuries caused by the defective fuel tank's failure to protect occupants in a foreseeable accident.

• Motorcycle Helmet: A motorcyclist loses control and falls off their bike, hitting their head on the pavement. This initial accident is not due to a defect in the helmet. However, if the helmet, due to a manufacturing defect in its shell material, shatters on impact and fails to absorb the force as designed, leading to a severe brain injury that a properly functioning helmet would have prevented, the helmet manufacturer could be liable for the enhanced head trauma. The doctrine applies because the helmet failed to provide the intended protection during the "second collision" (the rider's head hitting the ground).

• Industrial Machine Guard: An operator of a piece of heavy machinery, such as a forklift, accidentally bumps into a stationary object in a warehouse. This initial impact causes a minor jolt. However, a safety cage designed to protect the operator from falling debris or impacts, which was poorly welded, collapses inward from the jolt, severely injuring the operator's arm. The manufacturer of the forklift could be held liable for the arm injury under the second-collision doctrine. While the manufacturer didn't cause the initial bump, the defective safety cage failed to perform its protective function during the subsequent impact, leading to enhanced injury.