Posted by Katherine Harris.
This article brings up the question whether or not a company has liability in how or when the customer uses their product. In this case, Ashley Kubiak was driving her Dodge Ram truck, as she checked her iPhone for text messages. Kubiak then crashed her truck into another vehicle killing two people and paralyzing a child. This is just one case of distracted driving that we have seen a rise in throughout the past 50 years. The families of the victims have sued Apple because, Apple knows that their devices are distracting to drivers, but did not prevent Kubiak from using it while driving.
While a Texas magistrate made a suggestion to dismiss the case on the grounds that the lawyers could not prove the iPhone caused the fatal accident. “Ms. Kubiak was convicted of negligent homicide and sentenced to five years on probation” (Richtel). Kubiak now leaves her phone in the back seat to avoid the temptation of using it while driving. This case of Apple’s iPhone product liability puts Apple in a difficult situation. Especially, because Apple has the technology to prevent texting while operating a motor vehicle, but has not implemented it.
Although, there are laws and public education initiatives against distracted driving, Apple, Verizon, and AT&T acknowledge the effectiveness of these campaigns. Deborah Hersman, the president of the National Safety Council and the former chairwoman of the National Transportation Safety Board said it best, “The technology exists – we just don’t have the stomach to implement it” (Richtel). Implementing the technology to turn off text messaging while someone is driving brings up questions about the economic, social, and ethical concerns.
Katherine is a marketing and economics major at the Stillman School of Business, Seton Hall University, Class of 2018.