[net.auto] Who is Liable, ad nauseum...

chrisp@oliven.UUCP (Chris Prael) (05/25/84)

>>I maintain that these people were not irresponsible, and could reasonably
>>have expected their cars to stay put when they shifted them into park.
>>....  It's one of those "bug/feature" arguments.
>>Jim Shankland

This discussion really belongs in net.legal or net.flame.

HOWEVER, if you really believe that the "victims" in your two examples were "not
irresponsible" you have NO business behind the wheel of a motor vehicle of any
sort! In both cases, the "victim" clearly failed to take reasonable and prudent
precautions. And that is irresponsible! 1. It is not reasonable and prudent to
leave the engine of an unattended vehicle running. 2. It is not reasonable and
prudent to leave an unattended vehicle without setting the parking brake.

I don't see any functional difference between the two people you cited and the
drunken slob who crashed the Porsche 930 in San Diego. In each case the operator
of the vehicle did not bother to pay attention to business. (Only an ignoramous
would call any of these people drivers.) And that is what kills people.

This does not mean that Ford did not muck it up thoroughly. Obviously they did.
But Ford's foulup does not releave the nerds who got caught out by it from
responsibility for their stupidity.


Chris Prael

mzal@pegasus.UUCP (Mike Zaleski) (05/27/84)

Chris Prael:
 In both cases, the "victim" clearly failed to take reasonable and prudent
 precautions. And that is irresponsible! 1. It is not reasonable and prudent to
 leave the engine of an unattended vehicle running. 2. It is not reasonable and
 prudent to leave an unattended vehicle without setting the parking brake.

Perhaps the government should require all automakers to put an interlock
on the car which (1) shuts the engine off whenever the driver leaves the
car and (2) sets the parking brake at the same time?

 I don't see any functional difference between the two people you cited and the
 drunken slob who crashed the Porsche 930 in San Diego. In each case the
 operator of the vehicle did not bother to pay attention to business. (Only
 an ignoramous would call any of these people drivers.) And that is what
 kills people.

This viewpoint follows logically from the previous paragraph.
However, I think that most people would have a more sympathetic
view of these victims (which does not necessarily mean that they
are owed anything by Ford, but calling them names seems rather
hostile).

Related to this matter, I recently saw a posting in this newsgroup
which claimed that Ford could have fixed this problem for a cost
of 3 cents per car.  I assume this means only the cost of modifying
cars in production?  I would find it hard to believe that for 3 cents
per car sold, Ford could track down and notify the owners and have
their cars repaired at a dealer.  (This does not mean I think Ford
should not have made the repairs, but I like people's numbers to
make some sense.)

-- Mike^Z    Zaleski@Rutgers    allegra!pegasus!mzal

mikey@trsvax.UUCP (05/28/84)

#R:oliven:-14600:trsvax:55200061:000:816
trsvax!mikey    May 28 11:32:00 1984



I disagree.  I have yet to see a Ford that the parking brake held in
reverse as well as it held in forward.  As for expecting Park to
hold the car stationary, in the owners manual doesn't it say that Park 
locks the car stationay???

I know I have gotten out of my car may times with the engine running.
Can YOU  tell me that you have never gotten out from behind the wheel
without shutting off the engine.  I always used to when I had two 68 mustangs,
but they were standard shift, and the pull type parking brake on them
was worthless at over 1 degree of slope.  If you have an automatic, I'm
sure you expect it to WORK, and it DOES  hold the car in Park.

I don't think Ford should be nailed on this one though, not when GM is getting
away with legal manslaughter on the 1980 X-body brakes.  

mikey at trsvax

pmk@spuxll.UUCP (P. Kelliher) (05/29/84)

But the United States justice system has releived them from this 
responsibilities. Justice, is blind; just ask Arlo Guthrie.

					P Kelliher
					AT&T-ISL
					S Plainfield, NJ

opus@drutx.UUCP (ShanklandJA) (06/04/84)

    I recently saw a posting in this newsgroup which
    claimed that Ford could have fixed this problem for
    a cost of 3 cents per car.  I assume this means only
    the cost of modifying cars in production?  I would
    find it hard to believe that for 3 cents per car sold,
    Ford could track down and notify the owners and have
    their cars repaired at a dealer.

Correct.  The point is that they knew for over a decade that their
cars had a "feature" that was killing people and causing lots of
property damage; that the engineer who pointed this out included in
his memo a very simple fix that would have raised their production
costs by about 3 cents per car; and that they couldn't be bothered to
do anything about it.

I find arguments that this is all the victims' fault a little hard to
fathom.  If I start my car idling and get out and raise the hood in order
to adjust the idle, am I being reckless and foolish in assuming that the
car will not shift itself into gear and drive away?  If so, there are a
lot of reckless (not wreckless!) mechanics around!  The parking brake
issue is a red herring.  With a parking brake that is slightly out of
adjustment and a slightly high idle, these big US cars with their automatic
transmissions are perfectly capable of taking themselves for a ride with
the parking brake on.

In any case, just how reckless these people were in leaving their engines
running is not the point.  The point is that LOTS of people did it,
that Ford knew about it and could have easily prevented the problem from
recurring, and that they did nothing.  Within reason, machines that will
be operated by humans should be designed so as to make human error
unlikely.  Ford could have saved some 80 lives by showing minimal concern
for the safety of their customers.

Jim Shankland
..!ihnp4!druxy!opus

kitten@pertec.UUCP (karen hettinger) (06/06/84)

In regards to the Ford transmissions, try this little test.  It works the
same, whether you drive a manual or automatic:

1. Do this in a place where no one can get hurt.  With your emergency/
parking/hand brake on, put it in reverse and back up.

2. Now, slowly try to move forward.  Little difficult now, eh?  Maybe stalled
out?

Emergency/parking/hand brakes are such that it allows the car to move
in reverse (although it's not good for the brakes), but not very easily
in forward gears.  So in my opinion, the point of having one'sbrake on
is mute.  Many people need to have there cars running for legitimate
purposes: mechanics, DIY's, people giving jump starts, etc.  For an
automatic, PARK is (supposively) the safest thing to do, as it (supposively)
locks the transmission so the car can't move, as opposed to putting it in
NEUTRAL.

I rest my case.

kitten