With the untimely death of celebrity Paul Walker and his financial planner/friend Roger Rodas there has been significant speculation as to whether the vehicle poses significant driving dangers. According to reports it is likely that the Porsche GT has certain safety issues, which can potentially hold Porsche liable for the injuries. Additionally past litigation shows that there has been prior issues with the vehicle. When evaluating the case we look at all aspects of a potential claim against the manufacturer. This includes issues such as defective parts, tires and or other manufacturing defects. Here are some of our thoughts on the case and the potential for pursuing litigation against the manufacturer.
Product Liability Lawsuit
Product liability lawsuits
are those aimed at the manufacturer of the product for injuries sustained. They will essentially hold the manufacturer of the product liable for injuries sustained. A product liability cause of action will consider the following elements, defective design, mechanical problems and design defects.
Porches Knowledge of Potential Hazards
Another potential aspect of this claim is whether the manufacturer knew of the issue. In facts internal memos show that those involved in the production of the vehicle warned of the dangers. A former Porsche executive, Dough DeMuro has pointed out the potential dangers of the vehicle. Porsche designed this vehicle as a race car designated for consumers. This vehicle was not equipped with stabilization functions which would compensate for spin outs. In fact is did not have any of the necessary elements or functions of an ordinary car.
Porsche had manufactured a racing car, which they sold to consumers, who may or may not have had the proper training to operate such a vehicle. While this is surely improper, it is not negligence. However, if it is determined that there was a mechanical error with the car, then potential negligence can be awarded to the manufacturer.
Additionally, past litigation by the estate of Corey Rudl a passenger in killed in a similar accident was successful in holding the manufacturer partly liable for the injuries suffered.
Contributory Negligence Driver Error :
California is a contributory negligence state. What this allows is for a portion of the fault to be imposed on the manufacturer of injuries sustained, even where driver negligence is a factor. In this case it is unclear yet what role if any driver negligence played in the case. It appears that both the passengers were highly qualified at operating such cars and had prior experience. However it is not yet apparent whether speed was a factor at the time of the accident. In order to determine this information a complete reconstruction of the accident is required.
Time Line for Filing a Lawsuit:
How long do you have to file a lawsuit for injuries? In California you have TWO YEARS from the date of the accident to file a suit for injuries. However, it is important to consider that there may be a potential road defect case as well. Such cases are subject to SIX MONTH statutes and a administrative claim needs to be filed before that time period.
Defective Manufacturing Resulting in Aut Accidents
Defective Auto Tire Litigation