When automotive starter cranks kicked back and hurt the hands of any hapless sap trying to start their jalopy, why wouldn't I hear about a class-action personal injury lawsuit against the automakers?

by EgaoNoGenki-XXIII

Who knows how many would think that personal injury lawsuits would've put an end to those crank-starters in a hurry?

When it was common to crank-start vehicles, why didn't I hear about class-action lawsuits flaring up due to the multitude of personal injuries received from handcranks kicking back to injure arms?

pathein_mathein

At that point, you couldn't - Winterbottom v Wright in 1842 (Winterbloom was injured due to Wright insufficiently maintaining a wagon wheel) established that, since there typically wasn't privity of contract - basically, there wasn't enough of a legal relationship between the parties for people to sue. It would be difficult to find the factual situation where it was. It was a rule that worked great in a pre-industrial setting for stopping bad lawsuits, but it lead to increasing dissatisfaction in the industrial world when there were people left without any sort of recourse. MacPherson v. Buick Motor Co. was what did away with it in the U.S. (which was weirdly factually similar but with cars), though you'd had other chips taken out of the principle for some time before that (the idea of res ipsa loquitur in Byrne v Boadle in 1863). All this is precursor to actual products liability law.

And that's aside from all the other considerations, like the simple one in the sense that the mere backcrank wouldn't necessarily give rise to a viable lawsuit any more than not having a speed dial in Braille. The manufacturer would have to do something wrong somehow in the creation of the thing.