Missouri Injury Lawyers Blog

On February 1, 2010, Toyota announced a recall of approximately 2.3 million vehicles and suspended the sales of the eight different models. This recall is the result of the gas pedal in the effected models sticking in the acceleration position, which could cause problems for drivers as they attempt to slow to a stop.

In addition to this recall, in November of 2009 Toyota announced a 4.2 million vehicle recall of several Toyota and Lexus models for the accelerator sticking, but Toyota claims that this recall resulted from the floor mats getting in the way of the pedal and not the pedal mechanism itself.

There have been numerous complaints to the National Highway Traffic Safety Administration (NHTSA) about the gas pedals and about Toyota vehicles accelerating, or the gas pedal remaining in the accelerated position, without the driver of the vehicle controlling the acceleration.

Sadly, the complaints and the resulting recall did not take effect soon enough. U.S.A. Today reported, on December 26, 2009, four people were killed in Southlake, Texas, a suburb of Dallas, when a 2008 Toyota sped off the road. The car traveled through a fence and landed upside down in a pond. Officers on the scene found the car's floor mats in the trunk of the car, where owners had been advised to put them as part of the November, 2009 recall, as reported by the Southlake Police.

If you own a Toyota vehicle, contact the nearest Toyota dealership to obtain information about the recall and to find out if your vehicle is affected or you can visit Toyota's Recall website. If your vehicle is included in the recall, please replace the affected parts as soon as possible.

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A recent Missouri Court of Appeals decision reminds us that contracts entered into over the internet may bind us to certain terms and conditions in the same manner as if signing a paper contract. In a appeal from a Greene County Missouri Circuit Court, the Southern District held that the website terms which included liability limitations and disclaimers, a Colorado choice of law provision and a forum selection clause limited to Denver County, Colorado, was enforceable. Major v. McCallister and Kalupto Creations, LLC and ServiceMagic, Inc., Case No. SD29871, (Mo. App. S.D. Dec. 23, 2009).

Appellant Major used ServiceMagic's website, which offered free referrals to prescreened construction contractors, to search for someone to remodel her Springfield, Missouri home. The website process involved a series of computer screens or web pages, each hyperlinked to ServiceMagic's terms and conditions. Although Major did not read the terms, she continued through the website and clicked the "submit for matching pros" button. That button was next to a notice that stated "By submitting you agree to the Terms of Use."

When Major became dissatisfied with the contractors hired through the website, she filed suit against them in Greene County, Missouri. Both the Circuit Court and the Court of Appeals held that Major was bound by the terms of the contract which required any lawsuit to be brought in Colorado--Not Missouri. "Failure to read an enforceable online agreement, as with any binding contract, will not excuse compliance with its terms." Id.