-McClellan says, “No, Porsche should only be liable because this car was defective.” But then he adds, “It is defective, however, if the risks of its design outweigh the benefits. If its power and handling characteristics make it too dangerous for the average driver without training or instruction, then it is defective. Porsche should be liable because it sold a defective vehicle to Ben Keaton.”
IMHO, that is complete and utter bullshit. You cannot say a car is defective because a certain person lacks the skills necessary to drive it at its limits. People don’t magically become experienced drivers overnight, it obviously takes alot of seat time and instruction. You can’t become an experienced driver without those two factors so that claim doesn’t seem viable at all.
Correct me if I’m wrong, but it seems like Ben Keaton was trying to obtain this “training and instruction” by actually taking the car to the track in the first place and now porsche is being held accountable? The people working at the track and the driver of the ferrari that caused the accident should be repremanded for their poor decision making.