Sudden Acceleration Case
SEOUL, Aug. 29 (Korea Bizwire) — South Korea’s Supreme Court has overturned a lower court ruling that had partially held BMW Korea liable in a fatal sudden acceleration crash, dealing a setback to victims seeking recognition of manufacturing defects in such cases.
The ruling, issued earlier this month, involved a 2018 accident in which a 66-year-old driver and his spouse were killed after their BMW veered into a guardrail at more than 200 kilometers per hour. The victims’ family argued the crash stemmed from unintended acceleration following routine maintenance the day before.
A trial court in 2019 dismissed the claim, citing insufficient evidence of a defect. But in 2020 an appeals court ruled in favor of the family, awarding 40 million won ($29,000) to each heir — the first time a South Korean appellate court had recognized manufacturer liability in a suspected sudden acceleration case.
The Supreme Court reversed that decision, saying the plaintiffs failed to prove the vehicle was operating in a “normal state” under the manufacturer’s exclusive control at the time of the crash. It emphasized that the burden of proof lies with victims to demonstrate the absence of driver error, such as pedal misapplication, which could not be ruled out in this case.
The justices noted the absence of prior defect warnings, as well as the lack of brake light activation during the incident, undermining claims that the driver had attempted to brake. They also rejected the appeals court’s reliance on speculative links between potential engine defects and stiffening of the brake pedal.
The decision mirrors another Supreme Court ruling earlier this month that absolved Hyundai Motor of liability in a 2016 crash involving a Santa Fe SUV, which left four family members dead.
The back-to-back judgments highlight the steep evidentiary burden victims face in sudden acceleration lawsuits, which continue to surface despite persistent denials of systemic defects by automakers.
M. H. Lee (mhlee@koreabizwire.com)
