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Man sues Nissan after running over his daughter


Buck531

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"A man accidentally ran over his two-and-a-half year old daughter while backing up in his Infiniti SUV. Unfortunately, she did not survive. “You just can't imagine the absence that is in our hearts right now with the loss of our daughter," the mother told WFAA. "She rocked our world ... she was everything to us.”

 

Over a month after the event, the family is now suing Nissan Motor Company – the parent company of Infiniti – because their vehicle was not equipped with Nissan/Infiniti’s optional rearview camera. The camera, available on such high-end models like the Infiniti M45, Q45, FX35/45, and QX56, allows live video taken by a camera mounted in the trunk/tailgate to be displayed on the vehicle’s LCD navigation-system screen on the dash when the vehicle is in reverse. The camera debuted on the 2002 Q45 and trickled down to other Infiniti models – and is now being offered by other automakers, including Lexus.

 

The lawsuit is not because Nissan’s camera didn’t work in this instance, no, the plaintiff didn’t even choose to purchase the option with his luxury SUV. The lawsuit alleges that the two-year-old child would be alive if Nissan made the camera standard on all of its vehicles, including the one driven by the father when he killed his daughter. “This manufacturer was already putting it on some of its other vehicles, and it should have put it on this one," said attorney Windle Turley. “Our contention is that safety of this nature should not be optional, ever.”

 

Q45 Rearview Camera. Courtesy: Nissan NA.

The family says the death of the young girl was their fault and that the lawsuit is not just against Nissan, but is meant to influence the entire automotive industry. Nissan, for its part, called the death sad and tragic, but contends their rearview camera is a creature comfort and not a replacement for common sense. "It's a convenience; it's not a substitute for proper reversing procedures,” a spokesperson said. "Drivers should always turn around and look."

 

In fact, Nissan’s original television ads touting the 2002 Infiniti Q45’s rearview camera featured a man driving through a spiral parking structure in reverse – espousing the convenience of such a luxury. Interesting, it was Lexus that ran an RX330 commercial that showed a man narrowly avoiding running over his young daughter because of the vehicle’s backup camera. The warning, “Turn and look before backing” is clearly visible in this undated Nissan press photo.

 

That’s all beside the point. The question remains, is Nissan legally (or morally) responsible for the death of a young child because the owner of one of their vehicles ran her over? Were they negligent in offering the rearview camera in some vehicles as an at-cost option rather than making it a standard feature on all of their vehicles for the good of society?"

 

Taken from http://forums.maxima.org/showthread.php?t=364240

 

graemlins/wtf.gifgraemlins/nonono.gif

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Sadly, I think the suit will have more than just a passing chance of winning. Get a jury in there, show lots and lots of pictures of a two-year old girl, put lots of very sad relatives on the stand, and then pit all that against a very large, very rich automaker. A jury would want to give the parents something for their loss and they'd want someone to blame - who better, in their minds, than a rich, heartless, only-caring-about-the-bottom-line automaker?

 

Mind you, do not read that I believe there is any merit to the lawsuit. Like Jon, I think it's frivolous and ridiculous. Yet, a cunning attorney would have little problem convicing a jury that his/her client deserves compensation. The trick, of course, is persuading a judge to allow the lawsuit to proceed.

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I really want to be a corporate lawyer, have since i was like ten years old, which is when I heard about the M&M's lady. For those who haven't heard it, some woman held M&M's in her hand in the hot sun until they melted, then sued whatever copany makes them and won seven figures. It's shit like this that happens nearly every day in America that makes me sick. there are millions of people here busting their asses every day just to get by, and some lazy fatass plots out a scheme to take away the hard earned money of some poor company. "Some poor company", is bullshit, you say?. Every company has to start somewhere, and was more than likely started by one of those people who were busting their asses every day. Every time I see a judge allow a case like this to happen, it just makes me sick.
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Yep, and he will win the jackpot, because 12 assholes, that are to fucking lazy or intelligent to get out of jury duty willl give him his big reward. In hopes that someone else will give them theirs when the opertunity presents its self to them.

 

You know, it says a jury of your peers. Not twelve dumb bastards.

 

Put twelve car maker execs on the jury. If it were a doctor being sued, it should be twelve doctors, not twelve ignorant motherfuckers that may not have even graduated middleschool, much less highschool of college making judgement over a complex medical suit that they have no fucking idea about!

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I actually agree with desperado here. While there is always the option to veto individual jurors based on their backrounds and other factors, I still think that Jurors should be selected from an even field of people who actually know what's going on in relation to the case at hand.
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What the fuck is wrong with people these days. The dude should take responsibility for his actions. Im pretty sure there is a law for rear view mirrors to be present on a vehicle. There is nothing mentioned about rear view cameras. And im going to guess that this guys SUV had the mirrors. Like Dave (Scrooge) said, he should be charged with murder in what ever degree is allowed and thrown in prison.

And what about all the other less expensive SUV`s on the market that dont even offer a rear view camera as an option. If this guy wins this case it will open up a very large can of worms. All the other idiot looking for a handout will go backing into things claiming that they didnt have a camera to see them and sue.

The judges and the court system needs to not allow these retarded cases and make the people at fault pay for there actions instead of reward them for there stupidity.

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All vehicles in the state of ohio are to have at least 1 mirror providing a clear view behind the vehicle. Thats paraphrased from the ORC.

 

I say the guy is at fault. He killed his own daughter because he's not smart enough to know where she is at and is trying to find someone to blame for it other than himself.

 

Evan

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If i were an officer, after doing everything to save the girl, I arrest the father for negligent homicide.

 

one of the biggest flaws in our society is the lack of responcability:

-mcdonalds gets sued and loses over a woman spilling coffee on themselves

-who knows how many law suits against cigarette companies for causing cancer.

-McD's again for people getting fat

-ect. ect. ect.

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Yes, some two year olds can walk. Thats such bullshit, its shit like this that is wrong with America. I would love to be the judge for that case I would laugh in the guys face for trying to pull that bullshit then tell him to go grieve for his daughter that he killed instead of trying to win some money over it. It's so sad how selfish people are these days.
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Originally posted by Assured Risk:

2 years old? do kids even walk at 2?

Yes.

 

Originally posted by pgsrt-4:

Yes, some two year olds can walk.

No, just about all two-year olds can walk. In fact, developmentally speaking, a normal child begins walking around 12 months of age.

 

The two-year milestone for children normally involves talking (i.e., language acquisition) and, to a lesser extent, toilet training.

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