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Old 12-07-2004, 12:09 AM   #1
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Man Sues Nissan After Running Over Daughter

SUMMARY: <font face=Arial>According to a report from WFAA-TV in Dallas/Fort Worth,&nbsp;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. <span style="FONT-SIZE:10pt; FONT-FAMILY:Arial">Now hereís where the story gets interesting. Over a month after the event, the family is now suing Nissan Motor Company Ė the parent company of Infiniti Ė because their vehicle was not equipped with Nissan/Infinitiís optional rearview camera.</span></font>

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Old 12-07-2004, 08:14 PM   #2
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Give me a break. When will the madness with these people ever end. The bottom line of the matter is that the father should have been paying attention to his surroundings when backing up his vehicle. Any vehicle, not just a big suv. Nissan or any other manufacturer cannot be held liable for such a neglect on the fathers' part. Like the articles mentions, such items cannot and usually are not placed throughout all the model lines. It takes years for these specialty items to filter down to the lesser priced vehicles. Now if Nissan or any other manufacturer would make these items standard across the board then what is to differentiate the models. In that case one model would do. Of course the consumer will not stand for this nor pay the one price bill.

Nissan and /or any manufacturer would and should fight this to the bitter end. Anyone with half a brain would realize that its not a matter of being insensitive to this tragic event, but its just plain common sense that a corporation in this instance cannot be held accountable. This is especially true in the light of the fact that the owner did not choose to buy the item which was available as an option. If they settle out of court, it sets a precedent throughout the industry that would bring ramifications in upcoming models throughout the years and place the consumer as the ones that will pay for it out of their wallet.

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Old 12-07-2004, 08:53 PM   #3
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Well considering I wrote the story, you pretty much know where I stand. But I will add one thing. If this family wins, or Nissan caves, it potentially sets a legal precedent that says all automakers can be held liable for accidents that MIGHT POSSIBLY have been prevented by optional safety equipment that the buyer decided not to purchase. If that happens, whatís more likely: A) Automakers begin to make all optional safety features standard (side/curtain/other airbags, traction control, stability control, lane departure warning, laser cruise control, etc, etc) at tremendous cost to their profits and/or substantial MSRP increases Ė which deter people from purchasing a new vehicle or B) Automakers will simply stop developing new technologies and testing them on high end vehicles with the intent to eventually have it filter down through the rest of the lineup?

This family says theyíre trying to help society with this lawsuit, but will their lawsuit simply prevent the next lifesaving advancement from ever making it to the market?
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Old 12-08-2004, 11:13 AM   #4
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Re: Man Sues Nissan After Running Over Daughter

lmao buisness end of a shotgun

In all seriousness, nissan should definitly fight this, if not they will have dumbasses that back up and accidently wreck a car and attempt to sue nissan for not having a camera, thinking they can get away with some money in their pocket.

It's not the rearview camera that they should be worried about it's the nut loose behind the wheel.

Im only saying this cause I'm a texas resident, but Only in texas will a dumbass try to blame their car manufactur for their own human error.
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Old 12-08-2004, 02:22 PM   #5
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While I donít want to be harsh to a father that lost his daughter, I have to agree with you BlitzKeg. I do believe this was an accident, but like all accidents, someone takes the blame. In this case, itís the fatherís fault. And Iím not trying to be an ass about it, because God knows this guy (and his family) has got to be going through the punishment of a lifetime for his mistake. And knowing my luck, if I were to be a jerk about it Iíd probably hear a thump followed by screams the next time I back out of my driveway.

But if that were to happen, itíd be MY fault. And this guy and his family need to just fully realize that they were at fault and accept it. These types of lawsuits are just a little too insane, in my opinion. Perhaps the people that file these suits need to be forced to pay the court costs and the defendantís attorney fees if they do not win, maybe that would deter some of the more frivolous lawsuits weíve been seeing lately.
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Old 12-08-2004, 02:32 PM   #6
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Re: Man Sues Nissan After Running Over Daughter

like the saying goes...common sense is not common...

i'm guessing that the lawer just wants exposer which is probably why he took the case...and i'm assuming that the family wants something to blame b/c after losing a daughter i'm sure the wife does'twant to lose he husband by blaming his irresponsibility...i mean, i have 3 kids...checking around the car is the 1st thing u do b4 backing up and if ur kid is outside near the car when ur backing u have them stand in a place were u can see them when the car is in motion, peroid
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Old 12-09-2004, 11:45 PM   #7
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Re: Man Sues Nissan After Running Over Daughter

Like I said before, I donít want to be too harsh on the guy for running over his daughter because horrible accidents DO happen and I sure donít want to test my luck. BLU CIVIC, you made a great point. I donít have kids of my own, but you reminded me of when I was young and my parents would make me stand where they could see me while they were backing the car out of the driveway.

All of the emotions this guy and his family must be going through, I canít even begin to imagine it. But HOW do you make the leap to, ďNissan didnít make a camcorder standard on my FX45 (or QX56) so itís THEIR FAULT my kid is dead.Ē Ė thatís what I want to know.
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Old 12-13-2004, 03:21 PM   #8
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Re: Man Sues Nissan After Running Over Daughter

My Name is SawedWhen a child dies it is a tragic thing, what is even more tragic is when it is at the hand of that parent. There will be guilt from his family members as well as his wife and his marriage may end because of his mistake. However, it is inevitably his. If the child died because the accident involved that she was not restrained in a child seat, whose fault would it be? The auto manufacturer for not providing built in car seats for children like some of the mini vans made by GM? Where do we draw the line? Who is responsible for our actions? There consequences? It cannot be easy to cope with for this parent. It is a tragedy. However, it was an accident and with him, I give my sympathy. I cannot agree that it is the manufacturers fault that the safety feature was not installed. I paid extra for the back up alarm on my van for the safety of my three children just because I could not see what was below the window and because, you never know when it could happen to you.
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Old 12-16-2004, 03:52 PM   #9
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Re: Man Sues Nissan After Running Over Daughter

I learned a long time ago, I am responsable for my actions .... I would almost bet some snake lawyer saw an articale about the childs death and talked the family into the lawsuit ..... I have four children, I feel for the father but it was his and his wifes fault, when you have children that play outside you check around the car before it moves, PERIOD ..... as a parent, you and your spouse are responsible for the safty of that child until they are old enought to take on that themselves ....... If I use a car seat improperly, my fault, if I use a car seat properly and it fails, manufactures fault ....... lawyers are the reason the government has to protect the stupid from themselves ...... I say stop doing that, let them die, weed out the stupid and they can't reproduce
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Old 12-18-2004, 04:49 AM   #10
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Re: Man Sues Nissan After Running Over Daughter

I can't stand people who don't take responsibility for their own mistakes.
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Old 12-31-2004, 09:04 AM   #11
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Hello! I'm portuguese and I thought I should tell you what chances that lawsuit woud have in Portugal: zero.

A car is a potentially dangerous machine. It moves. It is heavy. People must take appropriate care AND the responsability for their doings. It was the father's choice to buy the car, it was his choice not to buy the optional camera, it was his choice to use the car that day, it was his choice to reverse. I agree he must be a very distressed man right now, but he mut take the blame. Or the "business end of a shotgun", as you say. Trying to pass the blame to Nissan is not very honest.

What next? If I get a speeding ticket, can I sue Ford because my Focus can exceed the speed limit?
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Old 01-08-2005, 05:54 PM   #12
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Re: Man Sues Nissan After Running Over Daughter

chacal,

Dude, you woke me up. For a minute everybody sounded the same. You were pretty to the point.
Here's my version- which will sound much the same, but a little longer. I'm a bit long-winded, guys, sorry.

I had an incident where I was reversing out of my parking spot leaving the bank. I was looking backward, one hand on the wheel & the other on the back of my headrest (as the father of the deceased child's hands should have been). I always back out slowly, this time exceptionally slowly because I was parked between 2 SUVs & I drive a '98 Nissan Maxima- I couldn't see out any windows except the front & rear ones. Out of nowhere a car tears thru the parking lot- had 2 have been doing 40+ & I hit him. He's speeding, but I get a ticket! My first thought is "He had 2 see me backing up. There's nothing wrong with my reverse lights- Nissans don't have problems. A police car was nearby & swiftly approaching. 2 my dismay the policeman hadn't caught him speeding & must have heard the collision from the other side of the street where he was coming from. When I told the cop about this guy speeding, the guy I hit (teenager in a 1970's something) was silent & looking @ the ground. He even looked guilty. The cop was like,"I didn't have my radar on him- sorry." I got a ticket AND my insurance went up!!! I live in Oklahoma & by law, I wouldn't have won that one with OJ's lawyer. I had 2 fork over the money 2.

I learned a lesson that everyone has since started copying- I park backwards everywhere I go. The bank, the mall, the library, Wal-Mart- everywhere- beats some little camera any day! My brothers neighbors have started doing it, @ 1st my parents thought I was trying 2 sport my ride. I told them why I do it. They drive a Honda Odyssey & now they're doing it. It's just safer, yeah & it looks cool too!

I also have a daughter, she'll be 5 in may. I have a $1.5k DVD player in the dash that I bought separately 4 long trips- we've got family all over. My Nissan can handle the miles & everybody likes the movies. Anyway, it has a camera option a little over $300. The salesman of course tried 2 sell me on it. Didn't cost much compared 2 the DVD player itself, but the camera's worthless, just like that picture we saw earlier for the Q45's camera. Absolutely worthless- a dumb idea in my opinion. "If I can't see the whole back end of my car, I'm not paying the full price for the camera." I told the guy & he laughed because he knew it was a piece of crap too! He was doing his job trying 2 earn a little more commission- just like whatever Nissan designer was when he came up with the idea. The cameras just don't compare 2 a windshield view. You can't see below the bottom of the rear bumper with those things & that's where the little kids are. Maybe if they were COMPLETELY EXTERNAL & had some sort of tilt or rotational option, like a bending antenna with a camera @ the end- similar 2 the existing radio antennas on cars 2day, I would have considered it. That's the only way one would be able 2 see the entire rear of their vehicle. I don't know if the one on the Q45 had that option, but regardless they're wasting their money on this court case!

If they don't have any other children (*& nowadays, even if they do) the father is very likely 2 end up with a divorce on his hands. His wife may even sue him for running over the daughter, because she's got something 2 prove 2 not only herself, but now that this thing is public, probably everybody else 2. She- #1 doesn't want 2 feel responsible 4 her daughter's death & #2 the case is of course going 2 b a costly shot in the dark!

"Dad" on the other hand, knows he's responsible & will probably end up having 2 pay for both cases after the lawyer's through, child support on whatever other kids he had with her that he forgot 2 run over, plus alimony & the list goes on & on- but he'll probably handle his business with the shotgun before she gets any money out of him. Afterall, he has REAL balls. I know I wouldn't have sued.

Now I do feel this guys pain. Like I said, I've got a daughter, but no sympathy here. It was his fault & they both know it. They could have bought the crappy camera, but it wouldn't have helped anyway. I've done stupid stuff too in my lifetime, but I ALWAYS know where my little girl is. I may have trouble keeping up with her when she's a teen, but not now.

What should Nissan do? Go to court, fight, win, give 'em a free camera & let the healing begin.

I made light of this incident a few times, because this IS hard 2 write about. It really happened, it's not a story, but FACT IS, it's not Nissan's fault. My prayers are with the family. My mother died 2 days before Christmas after a long battle with cancer. So I know what a loss feels like, but step 1 on the road 2 recovery is acceptance. The little girl is gone. Treasure her memory "yes", blame others for her loss "no".

***May God help them 2 find peace & healing between their own personal relationship & that of their family & friends. Losing family is NEVER an easy test.
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Old 01-08-2005, 08:12 PM   #13
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Sorry to hear about your mom.

As for the camera option. You have a point. It really does not show all the view. I thought about getting one a while back and installing it in my suv, but seeing that they did not show everything, why bother. Of course I eventually added a back up mirror. And while some may critize its look, it surely helps seeing everything behind me all the way down to the bumper. Its funny I never really thought of backing into any space. But after what you describe happening to you, it wouldn't be such a bad idea to do from now on.

TS out
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Old 01-11-2005, 09:30 AM   #14
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I have never tried one of these cameras, I ddn't know how much you can see trough it. d'ace said you cannot see the whole back end. So, isn't it more dangerous with the camera? The driver can't look at the screen AND through the rear window simultaneously.
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