But surely if the car has been passed by that countries safety rules then unless there was a failure (like you said it splits in two) then there is surely no case based on the fact its not as safe as other cars they make?
And also where does the speed become a factor? Surely it can be argued the car is safe to driver on the road at 70mph but not safe at 90mph? Would they still have a case if he had been taking a bend at 180mph?
The case will be based on the idea that expectations for this category of car, given price and intended use, are much higher than for a normal road car. Remember, this isn't a criminal case - it's not state vs, it's a civil matter.
Did Porsche fail to make the car as safe as you would expect these cars to be - should a seatbelt trap a driver in the car on a track-focused supercar in a 90mph impact?