NHSTA Investigating Potential Gas Tank Fire Hazard Affecting 3 Million Jeep Grand Cherokees

The National Highway Traffic Safety Administration (NHTSA) is investigating a potential design defect of the gas tank in about three million Jeep Grand Cherokee vehicles that could pose a fire danger in case of a collision.

In October 2009, the Center for Auto Safety (CAS) petitioned the NHTSA to open a defect investigation and recall model year 1993-2004 Jeep Grand Cherokees, alleging that the vehicle’s defective fuel tank storage systems present a fire hazard in crashes. In these models of the Jeep Grand Cherokee, the fuel tank is made of plastic and positioned behind the rear axle and below the rear bumper. CAS alleges that this design inadequately shields the gas tank from rupture or leakage from a rear-impact by another vehicle or from other external objects in the event of a crash.

CAS searched NHTSA’s data from the agency’s Fatality Analysis Reporting System (FARS) files and found that between 1992 and 2008, there were 172 fatal fire crashes with 254 fatalities involving these Jeep Grand Cherokee models. FARS showed 44 crashes and 64 fatalities where the most harmful event of the accident was the fire.

In comparison, NHTSA reported only 38 fire crashes resulting in 26 fire deaths for the infamous Ford Pinto when it issued its initial defect report in May 1978.

“The design is so bad that Chrysler frequently settles lawsuits without extensive discovery and subject to confidentiality agreements,” CAS wrote in the petition to the NHTSA.

CAS wrote that due to confidential settlements, the details of most lawsuits are not available. However, the petition did illustrate several crashes where people died, not from the impact of the crash, but from the fire resulting from the compromised gas tank.

There is no recall issued for these Jeep Grand Cherokee vehicles at this time, however if NHTSA investigators find that the gas tank design is defective, it may necessitate a recall.
"This is a terrible design," Clarence Ditlow, head of the Center for Auto Safety, told the Associated Press. Ditlow told the news source he planned to ask Chrysler to issue a voluntary recall of the Grand Cherokee.

The Center for Auto Safety (CAS) is a consumer advocacy group founded by the Consumers Union and Ralph Nader in 1970. The mission of CAS is to provide consumers with a voice for auto safety and quality in Washington. They list various accomplishments including: Lemon Laws in every state, recall of the Ford Pinto for exploding gas tanks, recall of the Firestone 500 tire for tread separation, exposing hazards of sidesaddle gas tanks on GM pickups as well as effecting government safety and highway standards and laws.

“While we design our vehicles to protect the greatest number of motorists in the greatest number of accidents, unfortunately accidents do occur, can be dangerous and, sadly, can sometimes cause injuries and even deaths,” The New York Times reports Chrysler spokesperson Mike Palese said in a statement. “Statistically, rear impacts that result in serious injury are rare occurrences. Chrysler Group is confident that a proper study which considered all factors in all collisions, including rear collisions with fire, would show that the 1993-2004 Jeep Grand Cherokees perform as well as or better than other vehicles in their class.”

When Chrysler reorganized under Chapter 11 bankruptcy earlier this year, the automaker asked the judge to give the company immunity from product liability lawsuits from vehicles sold before the bankruptcy. The judge agreed, however consumer advocacy groups spoke out and Chrysler reversed its position and agreed to be liable for future product liability claims.