NSTG8R
Elio Addict
I enjoy debating tort reform as much as the next guy, and I do think there's significant potential for reforming the system. But that's somewhat an academic exercise when it comes to the backup camera in the Elio:
1) Elio markets its vehicle effectively as a "car," touts car-like safety features and test results, etc.;
2) There's a federal law requiring backup cameras for most new cars by 2018;
3) "Automakers haven't been previously required to include these systems but NHTSA did recommend it, saying it can save many deaths and injuries from backover crashes. There are nearly 210 backover deaths each year, the agency said. About a third of those deaths are children, and many are caused by parents, it said. Rear facing cameras, including those that automakers already offer, would save between 59 and 69 deaths a year, NHTSA said." http://money.cnn.com/2014/03/31/autos/rear-facing-cameras/
4) Someone buys an Elio in 2018 and backs up into a child, killing her;
5) In a personal injury/defective product lawsuit, Elio will have a hard time overcoming the reasonable standard of care: it was required for all new cars and Elio didn't install it (per se negligence), or at least it was recommended by NHTSA, and Elio should have known it would be good to install it given its limited rear visibility design, particularly if the cost was not overly burdensome.
I don't know about you folks, but those are not the sort of facts I would want to be facing in a lawsuit against me as a manufacturer.
I'm sorry. This hypothetical child you're speaking of, where's the parents? A 'responsible' adult knows where their child is at all times (I did, had to save mine from more than one bad decision on their part...both are alive and well today). If a child gets ran over while someone's backing up (between 59 and 69 times per year as you stated), an "adult" responsible for that child failed in their duty...and if you have a child, it is you duty to protect them.
Apologies: Back to the topic, "What would you change": In this case, charge the irresponsible parent. Not the driver (if sober) of the vehicle.