Parents Sue BMW After Child Dies In Locked Car

[Shockwave]

I've given up on anyone here (besides Phreak and me) ever lifting. Makes us even, I suppose.

Well, you can thank Junior for that, considering everyone seems to think that you are him.

[Simple Simon]

Well, you can thank Junior for that, considering everyone seems to think that you are him.

Yep, she has that daft twat to blame , she shouldnt have fucked about playing his games with him.

[OTHstrong]

You can, just kick out the window.

ya because she is really thinking that when her big brother will fuck her up for smashing his window. 

[Parker]

ya because she is really thinking that when her big brother will fuck her up for smashing his window.  

Think about that later, due to him locking the door...Besides, it's already his fault and he knows it. His folks sueing BMW is not going to change that fact. He knows deep down inside that he is responsible.

[OTHstrong]

Think about that later, due to him locking the door...Besides, it's already his fault and he knows it. His folks sueing BMW is not going to change that fact. He knows deep down inside that he is responsible.

yes I agree 100% its his fault and has nothing to do with BMW, she probably passed out and didn't wake up (at least the death was not painful),.. hell she still would have died if the doors were unlocked.

However the law has to always go with the benefit of the doubt in his favor and that is he will claim if the doors were not locked she could have got out and as long as there is a 1% chance that she tried opening the door, BMW loses

[Shockwave]

yes I agree 100% its his fault and has nothing to do with BMW, she probably passed out and didn't wake up (at least the death was not painful),.. hell she still would have died if the doors were unlocked.

However the law has to always go with the benefit of the doubt in his favor and that is he will claim if the doors were not locked she could have got out and as long as there is a 1% chance that she tried opening the door, BMW loses

It might be that way in canada but its not here man, they have to prove, beyond a reasonable doubt, That she died because of the feature.

[Bear232]

having owned a 1997 BMW 328is, this is bullshit.  I could still hit the door unlock button and open the door.  Also, the alarm would go off if the car was moving around as it was in security mode.

[Bevo]

Lots of Johnny Cochrans in this thread

[Shockwave]

having owned a 1997 BMW 328is, this is bullshit.  I could still hit the door unlock button and open the door.  Also, the alarm would go off if the car was moving around as it was in security mode.

im going to laugj if they read the manual wronf and she could gwt put...

[OTHstrong]

It might be that way in canada but its not here man, they have to prove, beyond a reasonable doubt, That she died because of the feature.

I don't know man, It is not hard to say she tried to get out and the door wouldn't open, pretty open and shut case is if you ask me. i am no lawyer but whoever can not win this is pretty stupid. The design fucked up big time, what type of car does not open from the inside when locked, that alone will make them lose, that is them being the only ones with this outrageously retarded feature.

But of course I am with you that she would have died regardless and the car is not to blame but the courts will decide in his favor, I will bet anyone 500 dollars cash right now, and you guys know I am good as I already have dished out cash here at getbig for losing a bet

[Schnauzer]

i am no lawyer but whoever can not win this is pretty stupid  

Their lawyer has already admitted that BMW tells owners in the manual for the car NOT to do what they did. He also admitted that the family did not have or read the owners manual.


From page 32 of the E36 Owner's Manual (which can be downloaded for free):

Never use the keys or the remote control to lock an occupied vehicle, as it would then be impossible to unlock it from inside.

[240 is Back]

To me, it seems like an insanely stupid idea to have a car that won't allow people to exit. 

What is the huge benefit of this feature? 

[tommywishbone]

One would think that she had a can of beans with which to break a window, or at least a stale burrito that she could eat until her brother returned from his gardening class.

[Devon97]

I see Dr. Chimps is still trying to get a free lunch.  

[OTHstrong]

Their lawyer has already admitted that BMW tells owners in the manual for the car NOT to do what they did. He also admitted that the family did not have or read the owners manual.


From page 32 of the E36 Owner's Manual (which can be downloaded for free):

BMW tells owners in the manual but what does that have to do with the passenger that died, she didn't read the manual, she is not the owner, easy win in court, so easy.

[Shockwave]

BMW tells owners in the manual but what does that have to do with the passenger that died, she didn't read the manual, she is not the owner, easy win in court, so easy.

not really dude, they covered their liability. You dont just get out of responsibility in the US bexause you didnt read the manual.

you take 100 pills that the instructions say 'dont take', guess what, theyve covered their end, its the consumwrs dumbass fault for not doing their homework.

[Skeletor]

RTFM

[Shockwave]

RTFM

Yeah. .. bmw covered their ass. Its on the owners.

[Parker]

BMW tells owners in the manual but what does that have to do with the passenger that died, she didn't read the manual, she is not the owner, easy win in court, so easy.

That is why it is on the brother. He is the driver/owner/ user of the vehicle. And I believe he went to classes around 7:30am and didn't come out until 3:00pm. He could have checked on her. It was his negligence. Not BMW.

[I ETA PI]

BMW tells owners in the manual but what does that have to do with the passenger that died, she didn't read the manual, she is not the owner, easy win in court, so easy.

That's why I never read safety labels.  That way, when I hurt myself or someone else, I get rich because the manufacturer is at fault.  Easy win, so easy.

[OTHstrong]

That's why I never read safety labels.  That way, when I hurt myself or someone else, I get rich because the manufacturer is at fault.  Easy win, so easy.

if you are so confident in your sarcastic post then put some money up, i will all day long, easy win, easy win,... 500 bucks? now? 

[OTHstrong]

That is why it is on the brother. He is the driver/owner/ user of the vehicle. And I believe he went to classes around 7:30am and didn't come out until 3:00pm. He could have checked on her. It was his negligence. Not BMW.

i know that, you know that, the brother knows that, but the design has a flaw and it could be blamed, a freshmen law student can get the win easily. Besides you know car manufacturer almost never win against law suit, in fact they usually settle outside of court which is still a loss.

[Schnauzer]

i know that, you know that, the brother knows that, but the design has a flaw and it could be blamed, a freshmen law student can get the win easily. Besides you know car manufacturer almost never win against law suit, in fact they usually settle outside of court which is still a loss.

You keep saying it is a design flaw but is not. BMW specifically notes this feature of the car in the manual. Design flaws are not explained out by manufacturers in the owners manual. The car was designed to work the way it did, for whatever reason.

In addition, before the owner's manual is released to the public a team of lawyers vet every page to ensure there is no liability on BMW's part. This will not be an "easy win for a freshman law student". BMW showed due diligence in notifying the public about the features of the car.

It is akin to those people that sue cigarette manufacturers when they get cancer from using cigarettes, despite the fact that the Surgeon General's Warning has been on every pack of cigarettes sold since 1966 (in the US).

Still, BMW will probably settle this out of court.

[OTHstrong]

You keep saying it is a design flaw but is not. BMW specifically notes this feature of the car in the manual. Design flaws are not explained out by manufacturers in the owners manual. The car was designed to work the way it did, for whatever reason.

In addition, before the owner's manual is released to the public a team of lawyers vet every page to ensure there is no liability on BMW's part. This will not be an "easy win for a freshman law student". BMW showed due diligence in notifying the public about the features of the car.

It is akin to those people that sue cigarette manufacturers when they get cancer from using cigarettes, despite the fact that the Surgeon General's Warning has been on every pack of cigarettes sold since 1966 (in the US).

Still, BMW will probably settle this out of court.

every big shot company has a million lawyers to make sure there is no liability and guess what? they lose all the time, especially in the automobile industry.

Design flaw or not, who cares what you want to call it, they never did it again after that hence the reason I called it a flaw but who cares that is irrelevant, ok I agree with you it was not a ''design flaw'' ... but the point is ''if she wanted to get out'' she couldn't and that is all that matters, i will bet anything that BMW will not win this, at the very lease they will offer him something out of court.

[I ETA PI]

if you are so confident in your sarcastic post then put some money up, i will all day long, easy win, easy win,... 500 bucks? now? 

Keep it in your pants hotshot.