Originally Posted by kglesq

Legally speaking, when a person is placed in a position of imminent peril, he is not held to the same standard of care as an individual who is not in peril. .......

In the instant case, you were on what looked to be a one-way ride to hell, courtesy of the defective accelerator pedal. This is clearly a situation that meets the definition of imminent peril, and said peril was caused by a defective part (the accellerator pedal) which BMW was responsible for under their written warranty. ....