BMW sued over teens death in locked car.

[skosh69]

Ok, the fact that the teen died is sad....no mistaking that.

But let's take a look at who is really at fault here, the teen herself and her brother.

He left her in the car to "get some extra sleep", why the hell wasn't she in class? Why didn't he leave the windows cracked?

When in God's name are people going to start taking responsibility for their own actions and quit blaming others for their own stupidity?

http://www.nbcnews.com/news/us-news/...locked-n100881

[GD2A]

I tend to agree about people not taking responsibility for their own actions. Heck, my wife is a lawyer and some of the claims she tells me about make my head want to explode. However, in this case, that's a damned dangerous 'safety feature' that should be corrected. There is no doubt in my mind that BMW is going to settle this and hopefully will also make owners of those models aware of the design flaw.

[skosh69]

Originally Posted by GD2A

. However, in this case, that's a damned dangerous 'safety feature' that should be corrected. There is no doubt in my mind that BMW is going to settle this and hopefully will also make owners of those models aware of the design flaw.

I agree, a car door should be able to be opened from the inside regardless of how it was locked. And yes, the horn should be able to be operated without the key.

But I'm wondering if the autopsy will show whether or not she struggled to open a door or break a window prior to succumbing to the heat or did she pass away from the heat while sleeping?

It really doesn't matter now, bottom line she shouldn't have been left in the car to begin with! If she was that tired, she should've stayed home and slept in her bed. I still say fault lies on her and her brothers shoulders.

[TLE2]

The death of the prudent person standard set a new low in American jurisprudence.

BRING BACK THE PRUDENT PERSON STANDARD NOW!!

[Shark1007]

I agree with the comments above that it is a dangerous feature of the car and I think they have a point in bringing a case. It's easy to look at someone else's case and throw stones as to fault , but if it were my child I'd probably do the same thing.

Sure a teenager should have slept at home and her brother should not have left her in the car, but they are kids and their brains aren't fully developed yet. They shouldn't get the death penalty for making teenage mistakes, many of us have done worse, certainly I have.

Our legal system actually works pretty well in sorting these things out.

[skosh69]

Originally Posted by Shark1007

I agree with the comments above that it is a dangerous feature of the car and I think they have a point in bringing a case. It's easy to look at someone else's case and throw stones as to fault , but if it were my child I'd probably do the same thing.

Not denying that, definitely a design flaw that needs fixed.

Originally Posted by Shark1007

Our legal system actually works pretty well in sorting these things out.

Surely you jest?

Here's what I think of our legal system.

A house painter leaves his extension ladders at a clients house, behind a closed gate. A drunk neighbor, opens the gate, takes a ladder, attempts to prune his tree, falls and cuts his leg with a chain saw bad enough that he nearly loses his leg.

Drunk guy sues neighbor for damages. Neighbors insurance company, says "gate was latched, but not locked with a padlock", we're clear of any wrong doing. Now they look at the house painter, "you failed to secure your ladders, either with a chains and locks or other devices", you're at fault!

Judge awards drunk, idiot $250K for damages. Even though the ladders were on private property, behind a closed gate and a trespasser essentially stole them, my buddy was found guilty. Ya, our legal system is fair.

My point with the BMW story, my buddy the house painter and countless others like it is that we now live in a society that takes no responsibility for it's own actions and constantly blames and sues others for their own negligence or stupidity if you will.

[Shark1007]

I can't comment about your buddies story, sounds awful. I just know that trying cases for 30 years and never having the inclination to put dollars over dignity and professionalism and become a billboard or bus stop lawyer, I think we have the best system in the world.

Judges don't commonly award damages here in Florida, it's the province of a jury. I'm wondering if your buddy embellished the story just a tad?

In any event, the law now requires the lawyer and the client to each pay half if they file a frivolous case. We have tightened up on the bad apples, but not tight enough. The public has no litmus test to see if a lawyer is competent and real lawyers don't take bogus cases because 1/3 of zero is zero. The days of suing someone or getting an insurance company to cough up nuisance money are long gone in my experience.

Florida has "comparative negligence" which allows a jury to find each party partially at fault. In your example above BMW could be partially at fault and the brother half or any percentage.

There is a bad practice of confidential settlements these days. It allows a manufacturer to settle a claim, perhaps not wanting the public to know or word to get out about a defect. This defeats a purpose of the system and there are folks working to prohibit these type things.

Maybe I'm getting soft in my old age, but I would never escape the horror of thinking my child died because she couldn't open the door from the inside. I'd relive it every day.

[skosh69]

Shark, you make too much sense to continue. Your last statement says it all.

Thanks for your insight and thoughts.

Regarding my buddy, remember where we live, Commifornia, land of lawyers and liberals.

[Shark1007]

Thank you. I'm often so frustrated by the system, many of my cohorts take the low road and it hurts the legit people.

We have room for ya in my neck of the woods.

[skosh69]

Sounds good, y'all need some pino's in Florida.

Hey, I didn't mean anything by what I said about "lawyers and liberals", you being a lawyer and all. I meant to say "ambulance chasers", there's a BIG difference in the two. Your type try to help people, the latter tries to screw people.