On December 31, 2015, young twin boys were killed in a car accident that left a mother and father hospitalized and heartbroken. The collision was caused when a tan 2008 Kia smashed into the back of the family’s minivan at a stoplight. The speedometer in the Kia was stuck at 90mph following the crash, with the damage to both vehicles suggesting that the Kia’s driver did not apply the brakes at all.
Now, the family is suing Kia Motors and its parent group, Hyundai-Kia Automotive. They accused the automaker of negligence, the direct and proximate cause of the deaths of the two boys. They say that the automaker failed to discharge their duty to issue safety warnings prior to the sale of the Kia. According to the lawsuit, the plaintiffs believe that the company should have known that the Kia model in question had an inadequate fault detection system that could not anticipate foreseeable unwanted outcomes, one of which was unintended acceleration caused by defective car parts. They are seeking $95 million in damages.
WHEN DEFECTIVE CAR PARTS CAUSE FATAL ACCIDENTS
When defective car components lead to an accident, there are many theories of liability that the accident victims can use to seek damages.
Under the theory of strict liability, the plaintiff must show that the vehicle or car part was defective and caused injuries to receive damages.
Plaintiffs may also pursue litigation under breach of express or implied warranty. Many vehicles and vehicle parts come with a written warranty or guarantee. If the product is defective, then the warranty could be breached.
Philippians 4:6 “Have no anxiety at all, but in everything, by prayer and petition, with thanksgiving, make your requests known to God.”