Buffalo, NY (WBEN) - Automaker Kia is likely to face more legal action over how easily some of their vehicles can be stolen, this time originating in Buffalo. It is expected that the family of one of the four teens who died in last month's fatal crash on the 33 to 198 split will file a civil suit against Kia for not taking proper steps to ensure their cars are safe.
"The individual who was damaged and suffered the greatest loss has the ability and the standing to file a lawsuit based upon the allegation that Kia, and even Hyundai, failed to comply with a federal motor vehicle standard," said Attorney Terry Connors.
However the Kia Sportage in this particular case had been stolen, allegedly by one or more of the teens in the vehicle.
It is easy to understand if the car's owner would file suit, but how can a suit be filed by the alleged thief?
"New York State there is what is called a comparative negligence case," Connors said. "So, (a jury) can compare the negligence of the driver to the negligence of the auto manufacturer. They could come back and say the driver was 80% negligent, but the manufacturer would still be responsible for 20% of the award."
Whether or not a jury would see it that way, and award anything to someone who had allegedly broken into the vehicle, would be another question.
