Jeep SUVs and Commonsense Design

ATLANTA, GA, June 12, 2013

As reflected in the National Highway Traffic Safety Administration's ("NHTSA's") June 3, 2013 letter to Chrysler Group, LLC ("Chrysler"), common sense ought to count for something in automotive vehicle design. And most of the time, it does. For instance, common sense and lessons learned from prior automobile designs dictate that an automaker should not place the fuel tank someplace where it's likely to get hit--because then the tank could be punctured, leak, and a fire could result. NHTSA's June 3, 2013 letter to Chrysler reflects how most automakers learned this lesson loud and clear from the Ford Pinto, a notorious vehicle of the 1970s in which Ford placed the fuel tank behind the rear axle. Unsurprisingly, the Pintos were susceptible to catching on fire when struck in the rear. This lesson was driven home even further during the 1970s and '80s, during which General Motors mounted the fuel tanks in its C/K pickup line on the sides of the vehicles outside the frame rails. Unsurprisingly, GM's C/K pickup trucks were susceptible to catching fire when struck in the side.

As noted by NHTSA, both common sense and experience dictate that a fuel tank should be placed where it isn't likely to be damaged in a collision--not behind the rear axle, as with the Pinto. Thankfully, the overwhelming majority of vehicles sold in the United States, at least since the 1990s, have followed this basic design principle. According to the Center for Auto Safety's website, it appears Chrysler had learned this lesson as early as 1978. NHTSA's June 3, 2013 letter makes clear that Chrysler did incorporate midship fuel tanks in front of the rear axle in several of its new model designs, including in the 1987 Dodge Dakota.

Which makes what Chrysler did with its Jeeps all that much more mysterious. For some reason, when it came time to locate the fuel tank on the 1993-2004 Jeep Grand Cherokees, 1993-2001 Jeep Cherokees, and 2002-2007 Jeep Liberties, Chrysler placed the fuel tank behind the rear wheels and next to the rear bumper. The consequences were unsurprising: NHTSA's Office of Defect Investigations concluded these Jeeps are susceptible to catching fire when hit from behind and requested that "Chrysler initiate a safety recall of these vehicles." Chrysler has stated publicly that it will not comply with NHTSA's request that it recall the vehicles.

Why Chrysler placed the fuel tank in such a vulnerable location is a mystery. Rear-end collisions that could otherwise result in minor collisions could turn into raging fires in which people are burned or killed. NHTSA's "investigation revealed numerous fire related deaths and injuries" from these Jeep vehicles in rear impacts.

Despite mounting evidence of the problem--Chrysler kept selling its SUVs with fuel tanks mounted behind the rear axle and has to date refused NHTSA's request to recall the vehicles. Chrysler has also refused to admit its design is a safety problem which endangers citizens--and has refused to warn of that danger. But people are starting to notice. Aside from being the subject of a federal investigation by NHTSA--which has formally asked Chrysler to recall some of these Jeeps on the basis of safety, private citizens have taken action, creating webpages and starting petitions aimed at getting the Jeeps off the road. Others, including clients represented by the author's firm, who have been burned in wrecks, or who have lost loved ones as a result of this design, have taken the issue to the courts.

*James E. ("Jeb") Butler, III is an attorney in Atlanta, Georgia practicing with the law firm of Butler, Wooten & Fryhofer, LLP. Jeb's practice includes handling automotive product liability cases throughout the United States for clients who have been hurt or have lost a loved one as a result of a defective automobile design. Jeb is currently working with a team of lawyers handling a Jeep fire case against Chrysler. For more information about the author, please visit www.butlerwooten.com.

When auto manufacturers put their own profits ahead of the safety of their customers by placing gas tanks and fuel lines in unsafe locations and using cheap materials to manufacture fuel systems, they deserve to be held accountable for the consequences of their actions.

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