MovieChat Forums > Father of Invention (2011) Discussion > Under the law, Kevin's character should ...

Under the law, Kevin's character should NOT have been in prison.


In order to be criminally charged for a faulty product made by your company, you would have to know about the defect in advance and not do anything. Kevin's character did not know about the defect in advance and thus should not have been charged. One argument is that he did not do enough testing on the product before it was released, but that is not enough for a criminal charge. Companies have been fined for not testing their product enough, but criminal charges can only be filed if the person knew about the defect prior to the product being released to the public.

Also, all the product did was break a person's fingers if they used it incorrectly. A criminal charge can only happen if a product injures someone when being used correctly, the defect results in death, and the CEO had prior knowledge of this defect. The injured parties can certainly sue the company in civil court, but, since all three factors were not present, a criminal charge could not be filed.

Here are a few examples of defects which actually killed people in which no criminal charges were brought because not all three factors were present.

The breaks on certain Toyota models did not work causing people to die. The company faced a massive lawsuit in civil court, but no criminal charges were filed because the CEO had no knowledge of this defect.

The ignition switch on many GE cars would cause the cars to stall while driving, causing accidents and even death when on a public highway. The CEO of GE was not charged because he did not know about the defect.

Than there is the famous Ford Pinto case in which the cars would actually explode if hit in a rear end collision, the CEO did know about it, but even he was not arrested.

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It was implied that the people broke their fingers due to misuse, however, we don't know that for sure - that's just what Axle believes. Also, the film never addresses what Axle knew, didn't know, did, didn't do, or if the product was tested; therefore we don't know if he should've been in prison or not. That's really not the point of the movie anyway.

Plus, given how the US justice system works, in real life, chances are a billionaire CEO would never see the inside of a prison for eight years for any reason letalong a faulty product. Hell, millionaires and celebs get off with murder, literally, so a billionaire CEO being sent to prison at all is unlikely.

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