Legal Question in Product Liability in Massachusetts
totalled trailer
my 2yr old camping trailors roof leaked and entire roof needs to be replaced,the warrantee ran out 6 months ago can i hold the manufacter responsible?
1 Answer from Attorneys
Re: totalled trailer
You may have legitimate claims for breach of certain implied warranties applicable to the sale of new goods; and perhaps additional claims, including under consumer protection statutes.
If you successfully prove the seller violated the MA consumer protection statute, you would automatically recover your reasonable attorneys' fees. If you prove the violation was "knowing or intentional," a court could award you 2, or even 3 times your actual damages.
While proving consumer protection violations is difficult and requires long and expensive litigation, just bringing the claims gives you significant leverage against the seller, who should be concerned about the consequences they could face if they are found to have violated your consumer rights. Many times, just the leverage you have by bringing the claims leads to a favorable settlement prior to litigation or trial.
Contact me for a free consultation about the possibility of bringing any such claims.