N.J. Woman Seeks Damages from Volvo After Hands-Free Tailgate Allegedly Causes Brain Injury

After a Volvo SUV’s hands-free tailgate abruptly closed and hit her head, a Toms River, New Jersey woman sued Volvo and connected parties for traumatic brain injury. The late October Ocean County Superior Court case highlights automated vehicle concerns.

The plaintiff was behind the SUV with the tailgate open when a dog walked under the back, according to court filings. The dog allegedly activated the vehicle’s sensor system, closing the tailgate. The woman denies seeing any motion under the bumper as the liftgate closed rapidly. She said the tailgate hit her head.

Medical certification supporting the case states she has major neurological and visual issues. She has light sensitivity, binocular vision abnormalities, balance and coordination concerns, and trouble integrating her vision with movement. Her doctor believes some problems are permanent and unlikely to improve.

The lawsuit also claims vicarious duty against Volvo Car USA and the SUV’s owner since a corporate employee used the Volvo. She wants money for medical bills, missed wages, and pain and suffering.

Lawyers identified on the filing represent the woman. As of filing, Volvo Car USA and other defendants have not commented on the lawsuit.

This incident exposes car automatic convenience feature safety concerns. Automakers’ increased use of sensors and motion-activated equipment may expose bystanders to unanticipated threats from pets, objects, or exterior movement. The lawsuit raises questions regarding design safeguards, software or sensor misbehavior responsibility, and how manufacturers will balance innovation and safety.

This case will undoubtedly garner automotive and legal attention due to the injury’s severity and the plaintiff’s claims. The court’s assessment of the manufacturer’s responsibilities, sensor disabling warnings or overrides, and manufacturers’ standard of care as vehicles become more automated will be keenly watched.