Manufacturer liability

[sarisataka]

There has been some discussion on how manufacturers may be liable for (mis)use of their products. Here is a case of a company being sued for damages caused by a person using their product. http://www.nydailynews.com/news/national/snapchat-speed-filter-motivated-car-crash-suit-article-1.2615208

In short, Snapchat is being sued. A young woman used the filter that shows how fast you are travelling to take a picture. She was driving her parents Mercedes at 107 mph when she hit another car. The driver of that car has permanent brain damage and has filed suit against Snapchat as “the critical cause” of the crash.

Questions- Is Snapchat responsible for the accident because they put out a filter than can encourage people to drive dangerously fast?

-Should Mercedes also have liability for marketing a car that allows an inexperienced teenager to drive at more than 100 mph?

[jg10003]

1. Why not sue the manufacturer of the phone she was using

[sarisataka]

3. You say that sarcastically,

But it is quite possible to have cell phones that will lock themselves when they're traveling above a certain speed of maybe 20-30 miles per hour. I believe over 30% of car accidents now are blamed on cell phones. Perhaps that lock should be mandated to reduce traffic accidents.

[Travis_0004]

4. What if Im on a bus?

If you are driving, dont use your phone. If you are a passenger, then do whatever you want to do with your phone.

[HuckleB]

13. Interesting. I'd love to read more about this lock.

Thanks!

(Luckily, my kid has no phone, and won't drive for a few years, but it's never to early to plan.)

[sarisataka]

16. Here is an article

that caught my attention Mobile App Makes Texting While Driving Virtually Impossible http://mashable.com/2012/09/07/app-stops-texting-driving//#NYW5karW1OqS

[HuckleB]

17. Thanks!

[Duckhunter935]

2. Snapchat, very possible

Auto manufacturer, of course not

[JayhawkSD]

5. What's the difference?

Why is Snapchat liable and the auto manufacturer not?

[Duckhunter935]

6. Cant help you if you do not

Understand

[JayhawkSD]

10. That's what everybody says when they don't know the answer. nt

[dumbcat]

12. I don't understand, either

so that's two of us.

[ProfessorGAC]

14. A Snarky Answer. . .

. . .signifying nothing.

[Whiskeytide]

7. In the U.S., manufacturer or "product"...

... liability - for 200+ years - has been based upon the concept of foreseeability of the harm. If someone uses a product the way it was intended to be used, and the harm at issue was reasonably foreseeable, they can be liable. See Lawn Darts.

However, if someone misuses the product in a way that the manufacturer did not intend, there is no liability.

In most States, the criminal acts of a third person are considered not foreseeable. Our courts simply don't make you liable for someone else's decision to break the law. It would be like holding Acme Axe Co. liable for Lizzie Borden's acts.

[Lee-Lee]

8. Criminal act= manufacturer not liable

Unless they an show that the product was intended only for illegal use and there was no legal reason to market it then the manufacturer isn't responsible for another persons criminal behavior that involves their product.

The logic of suing snapchat in this case is like suing a beer maker and distributor because you got drunk and drove and had an accident. Criminal misuse of a product isn't the fault or responsibility of the manufacturer.

[Vinca]

9. I guess I don't understand the product.

If it's something that is intended to help a person break the law, they would probably be liable. If not, the idiot young woman and the parents are rightfully on the hook.

[ScreamingMeemie]

11. In this case, the filter doesn't "help," it "encourages" people to break the law.

You post a picture of yourself and it gauges and posts your MPH. Stupid as hell. Shame on Snapchat. But they will claim it was meant for passenger use I am sure.

[ProfessorGAC]

15. Ooh. That Is Stupid

Since i've never been all that fascinated by driving fast, i really don't get the interest in this feature.