
The class action product liability case against DaimlerChrysler was put to rest as the judge sided with the defendant because it was proven that the plaintiffs did not incur problems with head gaskets until after warranty expired. The delayed filing of the class action suit also played a part in the failure of the suit because the complaint was filed after the statue of limitations had run out. The class action suit had alleged that the Neon, manufactured by Dodge, was built with defective head gaskets. The class action case’s complaint sited that DaimlerChrysler broke their duty of express and implied warranties, as well as committing fraud. However, the judge did not find this to be true and found that the plaintiff’s Dodge Neon was no longer under warranty when it began experiencing problems.
In dealings like these not only was the vehicle no longer under warranty, but the statue of limitations was also expired. A big issue for the defense was that the vehicle’s head gasket had already lived through its guaranteed warranty of 3 years or 36,000 thousand miles. What was also said was that upon being sold, the Dodge Neon’s head gaskets were already defective because they were not meant to last forever. Therefore once the head gasket had lived past its warranty without any problems, it was deemed not liable. In a products liability case it is necessary to prove that a duty of care was established and one of the parties breached that contract. In this case Dodge Neon had a duty of care for as long as the warranty was upheld
This instance of product liability is something that can appear to be very controversial because of the commitment and responsibility of the individual dealerships. When plaintiffs go above and beyond a reasonable claim, the dealership will fight it. However, if the claim is semi reasonable the dealership might settle the suit just to stay in good standings with their consumers. In businesses that sell products and services that have fierce competition, reputation is everything. There having a negative product liability suit against a dealership is something that is looked very downed upon. DaimlerChrysler did the right thing in fighting for the reputation of their business because they filled all obligations and contracts.
Post a Comment to "Class Action Product Liability Case Against DaimlerChrysler Failed"
To reply to this message, enter your reply in the box labeled "Message", enter your username and password, and hit "Post Message."
Napoli Bern LLP
350 5th Avenue
Suite 7413
New York, NY 10118
Toll Free: 877 WTC HERO
Phone: 212 267 3700
Napoli Bern LLP
350 5th Avenue, Suite 7413,
New York, NY 10118
Toll Free: 1 888 LAW IN NY
Phone: 212 267 3700
New Jersey
1 Greentree Centre
Suite 201
Marlton, NJ 08053
New York
350 5th Avenue,
Suite 7413,
New York, NY 10118
3500 Sunrise Highway,
Suite T-207
Great River, NY 11739
Pennsylvania
2 Penn Center, Suite 200
Philadelphia, PA 19102
New York Defective Drugs and Medical Devices Lawyers
New York Auto Accident Lawyers
New York Construction and Jobsite Accident Lawyers
Marc Bern discusses the Diet Drug FenPhen on Geraldo
Marc Bern on CourtTV discussing Fen-Phen
Marc Bern is on Geraldo discussing the diet drug Fen-Phen
Trial Attorney Marc Bern discusses Breast Implants on Court TV
Marc Bern on CourtTV discussing breast implant litigation
Nancy Grace with Marc Bern about Jenny Jones Trial
New York Trial Attorney Marc Bern on Court TV