Carrera GT US lawsuit
Discussion
The machine gun approach to litigation - everyone and anyone who might have had a hand in the crash! Do they not think that driver error might have been the key issue - if he'd had problems controlling the car already then maybe he shouldn't have been giving it full beans and, probably, showing off to his passenger a bit?
Surely when you take your car on a race track you are accepting that you're taking your life in your own hands by doing so. Maybe the estate of the driver should sue itself for irresponsible behaviour by it's late proprietor.
The only thing that I have some sympathy with is if the track had been changed reducing the safety buffer with the additional concrete wall, and maybe poor circuit control with respect to letting out the Ferrari, but these were not professional drivers and the Porker GT driver maybe should have taken that into account when coming round to the pit exit area.
Sad story and a pity for all concerned, but US litigation is bulls**t.
Surely when you take your car on a race track you are accepting that you're taking your life in your own hands by doing so. Maybe the estate of the driver should sue itself for irresponsible behaviour by it's late proprietor.
The only thing that I have some sympathy with is if the track had been changed reducing the safety buffer with the additional concrete wall, and maybe poor circuit control with respect to letting out the Ferrari, but these were not professional drivers and the Porker GT driver maybe should have taken that into account when coming round to the pit exit area.
Sad story and a pity for all concerned, but US litigation is bulls**t.
Interesting story...only in America?
I find trackday safety briefings boring and repetitive...much the same feeling as in flight safety briefings.
With the frequency of trackdays in the UK and the wide range of skills in evidence, it's surprising there aren't more serious mishaps.
Last trackday I was at the organiser sent a driver home for overtaking recklessly. Thought it was a bit harsh at the time...but thinking about it now I'm glad they sent him packing.
I find trackday safety briefings boring and repetitive...much the same feeling as in flight safety briefings.
With the frequency of trackdays in the UK and the wide range of skills in evidence, it's surprising there aren't more serious mishaps.
Last trackday I was at the organiser sent a driver home for overtaking recklessly. Thought it was a bit harsh at the time...but thinking about it now I'm glad they sent him packing.
There is a huge amount of info+debate about this on rennlist. The business week article sumarises it very well though, and although some of those claims seem entirely spurious others may have merit. Depressingly, there does seem to be an overwhelming belief in the US that when things go wrong, it must be someones fault and massive punitive damages are necessary.
How does she know that the driver didn't disclose the fact he'd had a moment in the car and wasn't 100% with it? He may have told the him and he decided to go out anyway.
LOL at the CGT being defective because he found it tail happy - it has 600 horse power, just use less right foot?
LOL at the CGT being defective because he found it tail happy - it has 600 horse power, just use less right foot?
m12_nathan said:
How does she know that the driver didn't disclose the fact he'd had a moment in the car and wasn't 100% with it?
Unfortunately the driver is not around to disclose...
I was disappointed to read in the same article that "She is represented by Craig McClellan, a very successful San Diego-area personal injury attorney who made a name for himself in the '80s when he represented a plaintiff who successfully sued Porsche on the theory that their 911 Turbo was too difficult a car to handle to be sold to inexperienced drivers."
I obviously don't know the details surrounding the case - but... wow. Absurd. Luckily - and surprisingly - over here in the UK we appear, in general, to be largely resisting an encroach of America's litigous culture.
Will
If this is how the Americans (or more likely the Americans and their f
g "vulture like" lawyers) choose to treat the makers of high performance cars such as Porsche AG, the answer is surely very simple.
If you buy a car such as CGT you sign a disclaimer stating you will not hold the manufacturer (or his agents be they authorised or not) liable for any loss of life or personal injury etc etc in the event of an accident involving the car be it on road or on track.
Anyone with any common sense would realise that these cars themselves are not dangerous, rather, it is the driver behind the wheel which "makes" them dangerous.
g "vulture like" lawyers) choose to treat the makers of high performance cars such as Porsche AG, the answer is surely very simple. If you buy a car such as CGT you sign a disclaimer stating you will not hold the manufacturer (or his agents be they authorised or not) liable for any loss of life or personal injury etc etc in the event of an accident involving the car be it on road or on track.
Anyone with any common sense would realise that these cars themselves are not dangerous, rather, it is the driver behind the wheel which "makes" them dangerous.
slippydiff said:
Anyone with any common sense would realise that these cars themselves are not dangerous, rather, it is the driver behind the wheel which "makes" them dangerous.
Agreed, but i think that's where in most of the world we make the assumption, in the US it's not assumed that anyone has "common sense"
wrn said:
m12_nathan said:
How does she know that the driver didn't disclose the fact he'd had a moment in the car and wasn't 100% with it?
Unfortunately the driver is not around to disclose...
That's my point, she's claiming he didn't disclose to her husband, but he may of, shortly before they were both killed...
You can't sign a disclaimer for death by negligence, which is where this seems to be going.
The guy with the CGT sent a few emails and posted on forums about the cars setup in days preceding the accident. These are all being used as evidence I believe.
It makes me think hard about giving passenger rides on trackdays. As far as I can discern you are potentially personally liable if you have an accident deemed to be your fault and injure the other party.
mattiselvis said:
Seems incredible to me, but God help Ford now they've got a 500hp Mustang for $40,000. It's going to be litigation central...
Porsche = prestige and profitable (unlike Ford), so it could be that they are an easy target for a settlement as they are more vunerable to any damage of reputation?
This accident was very very sad BUT I have to say that what's even more sad is that this type of thing will end up resulting in zero possibilities for fun in the future. We'll end up in a sterile bubble if we're not careful or continue to let the legal system override common sense and human endeavour.
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