The family of a 5-year-old girl killed in a car accident by a driver who was reportedly distracted is suing technology giant Apple Inc. for wrongful death. Plaintiffs allege Apple officials knew its FaceTime app, in use by the at-fault driver at the time of the fatal crash, was being used by drivers in a dangerous manner. Further, plaintiffs say, Apple had the technology needed to make the app inaccessible to drivers (while still allowing passengers to access it), and yet chose not to implement it.
Specifically, plaintiffs say the company failed to install and implement a safer alternative design that would have halted a driver from accessing the app while speeding down the highway.
According to court records in Modisette v. Apple Inc., filed in the Superior Court of California in Santa Clara County, the girl was in a booster seat in the rear passenger seat, behind her father, who was driving. He slowed his vehicle because traffic ahead on the highway was backed to a standstill. However, the driver behind them, a 22-year-old from Florida in a sport utility vehicle, apparently didn’t notice the slowed traffic as he barreled down the road at 65 mph. He slammed into the back of the car. Everyone was injured, the little girl and her dad most severely. He survived. She did not. Continue reading