Re:Baltimore sues Hyundai, Kia over spike in car thefts
by HillRat on Friday May 12, 2023 @09:59AM
(#35916431)
These lawsuits are part of a longstanding effort by cities and states to try and develop a theory of manufacturer legal accountability through public nuisance law, an effort that is perhaps morally laudable but legally fraught; to date, other than a few outlier environmental cases from the '70s, courts have almost uniformly declined to create a kind of parallel product-liability law through nuisance. While individual car owners have legal recourse through traditional product liability and negligence routes, hard to see these cases succeeding in court; on the other hand, they do create some additional political pressure on Hyundai/Kia to take more responsibility, which is ultimately where the tobacco lawsuits in the '90s ended up -- not winning at the bench, but at the conference table.
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Re:Baltimore sues Hyundai, Kia over spike in car thefts
by inconceivable on Friday May 12, 2023 @03:11PM
(#35920829)
this is also seemingly the strategy for anti-gun manufacturer efforts. so far they don't seem to be successful.
Re:Baltimore sues Hyundai, Kia over spike in car thefts
by lesuorac on Friday May 12, 2023 @06:15PM
(#35923182)
Can you clarify?
Afaik, lawsuits again gun manufacturers are actually successful [1].
[1]: https://apnews.com/article/sandy-hook-school-shooting-reming...
Re:Baltimore sues Hyundai, Kia over spike in car thefts
by inconceivable on Friday May 12, 2023 @07:31PM
(#35923816)
oh right, i forgot, the mass shootings stopped.
Re:Baltimore sues Hyundai, Kia over spike in car thefts
by HillRat on Sunday May 14, 2023 @12:35PM
(#35939200)
Thanks to tort carveouts in the PLCAA, liability suits against firearms manufacturers have additional hurdles to overcome; the Remington settlement was surprising because the plaintiffs would have had a hard time prevailing at trial. It’s likely that Remington (which settled without admitting fault), didn’t want to run the risk of sympathetic plaintiffs managing to kick a state-level hole in their otherwise ironclad federal protection against product liability suits.
Re:Baltimore sues Hyundai, Kia over spike in car thefts
by theGnuMe on Friday May 12, 2023 @03:25PM
(#35921022)
The auto manufacturers absolutely have liability.
Re:Baltimore sues Hyundai, Kia over spike in car thefts
by amanaplanacanal on Friday May 12, 2023 @03:28PM
(#35921076)
Can you point to some case law supporting that position? Or some sort of legal analysis?