Legal Question in Business Law in California
Product Liability
A year ago we purchased, for $2000, a very large tent-type R.V. cover.
Galvanized steel hoops are attached to a steel frame and the structure is then anchored to the ground with 2 foot long anchors. A large plastic cover is then secured over the top.
Large plastic, zip-up doors are attached to each end.
The company did not guarantee that this structure would withstand winds, but it did claim that it was rated to withstand winds of up to 70 m.p.h.
The first wind storm of the season caused the anchors to shift in our sandy soil, the structure twisted and the doors were torn apart. The next two storms destroyed what was left of the cover.
We contacted the company and they asked for photos. Photos were send and we heard nothing. We called again and were told that someone would get back to us.
We have still heard nothing and that was weeks ago. Our question to you is, what chance do we have of recovering the money we spent for this product?
Thank you for the service you are providing, and I will look forward to your reply.
1 Answer from Attorneys
Re: Product Liability
Hard to assess, but I would pursue the company. The product does not seem fit for its
intended use; such fitness is an implied warranty. If the written materials which came with the product warned against use in sandy soil,
or warned that more secure footing would be required, then your chances diminish. Get information
about the strength of the windstorm from the paper or meterological records.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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