an expensive woops!

[OzBenzHead]

From ABC News Online

Link

Volvo fined $333,000 over fatal car smash

Swedish car manufacturer Volvo has been found guilty of manslaughter and fined 200,000 Euros ($A333,000) over a car crash that cost the lives of two children in eastern France in 1999.

Prosecutors argued that a faulty braking system on the Volvo 850 TDI vehicle was the "indirect" but "certain" cause of the crash, in which a French teacher ran over two young children on their way to school.

The driver, 57-year-old Catherine Kohtz, was handed a six-month suspended prison sentence and a 300 Euro fine, as well as having her licence temporarily revoked, for failure to control her vehicle.

Prosecutors had called for a 150,000 Euro "dissuasive" fine against the car maker, which was found guilty of involuntary homicide and causing involuntary injury.

[TJ 450]

Interesting... this article seems to raise too many questions and answers none. 1997 was the 850's last year of production too

Tim

[116Benz]

Begs the question though, they punished her, by saying she couldnt control the vehicle, and yet they slapped Volvo with a fine....Sounds like it really wasnt her fault and yet...meh its the old and cranky comming out...

[OzBenzHead]

Must admit that I'm no fan of the current craze of excessive - and often (though probably not in this instance) petty litigiousness.

Used to be that California was the world capital for the "sport" of litigation for litigation's sake, but about five years ago New South Wales surpassed California on a per-capita basis.   As a consequence, one of the more worthwhile things Bob Carr did as NSW Premier was to raise the bar, thereby limiting such lawsuits to those that might prove worthwhile to the real litigants rather than just fattening the pockets of ambulance-chasing lawyers.

In the case reported above, I think it a tad unfair that the driver was sued as well as the manufacturer.  That's having two bites of the same cherry.

[OzBenzHead]

But did the injured party gain anything?  Both of the penalties mentioned in that report were fines; fines usually go to govenment coffers, not the injured parties.

If the injured party sues and gains some recompense, okay - provided it's for real and not merely a petty suit as so many are.  But for the driver and the manufacturer of that unlucky Volvo both to be fined, and the money just going into the government's purse, strikes me as unreasonable.

[WGB]

Once you understand two concepts of law -

1) You only need 51% certainty to absolutely prove your case (quite different to modern science of any description where 97 to 99% certainty is required)

2) There is only one remedy available in Civil Law and that is the awarding of money.

Once you grasp those two concepts and realise that somehow that pretty shaky 51% can be made up in large part with unproven defamatory character assassination (called Impeachment in Lawspeak) then it all becomes quite logical.

Isn't it wonderful that people whose knowledge of science is minimal and criteria for proof is so marginal will be having a profound effect on the future of the Automotive braking system.

Think what they can do for Medicine.

Bill

[John Hubertz]

In the United States the award would have gone class-action, and probably reached over 100 million dollars.

One of our ladder manufacturers was sued (and lost) over 1 million for a guy who placed his ladder against a barn, ON A COW TURD, and when the sun warmed the turd the ladder slipped, and he fell and broke his arm and ankle.

They appealed.  They lost.

The company owner closed the doors forever in disgust.

The brand name is now china-based.

Welcome to OUR national ethic - the land of the spree and home of the crave (old motto was of the FREE and the BRAVE).

More lawyers than farmers - and ratio is climbing - that milestone was passed in 2003.

[OzBenzHead]

Hey, John - love that poster!   

Puts Mr Maslow's pyramid to shame, eh!

[John Hubertz]

Thanks!   Hierarchy of "greed"?

[OzBenzHead]

Thanks!   Hierarchy of "greed"?