Who is to blame?

Remember the lady who was burned by McDonald’s coffee when the cup tipped over and the coffee spilled on her lap?

She sued the fast-food giant for injuries. To the surprise of many, she won a massive award, apparently because nobody had told her that fresh coffee might be hot.

Now, some grieving parents are suing the computer company Apple. In 2014, this couple was hit from behind by a 20-year-old driver on a Texas highway. The man was traveling at approximately 65 miles an hour. He was allegedly chatting on FaceTime, the two-way visual communication program, much like Skype.

He didn’t see the couple’s car ahead and crashed into it. The couple’s 5-year-old daughter was killed.

The driver faces trial for manslaughter next month.

The logical culprit is the distracted driver, but the deep pockets belong to Apple.

The rationale for suing the tech giant is that it did not provide an app that deactivated the FaceTime program when the device was in a moving vehicle.

Coffee can be hot. Driving while texting or FaceTiming can be dangerous.

Shouldn’t we know that?

If products are abused or used stupidly, often the inclination is to blame the product manufacturer, but there are limits. Gunmakers should not be liable for illegally used firearms. Automobile manufacturers should not be sued because one of their vehicles is involved in a hit and run. Road engineers should not be sued for somebody driving in excess of the designed speed limits.

The heartbreak of the parents who lost their young daughter cannot be overstated.

Still, that does not make the manufacturer guilty. This case could reinforce dangerous precedent. Seemingly, there are no limits to product liability.

If the phone is at fault, then why not the car, the road and shoe maker? Remember those shoes did not push the brake pedal.

The parents of the dead girl have suffered greatly, but that does not mean the manufacturer of a recklessly used device is to blame.

Stupidity and negligence cannot always be blamed on something else.

Gordon Forgey

Publisher