Legal Question in Consumer Law in Ohio
UDAP violation concerning a motor vehicle
I have a motor vehicle well out of warranty. Vehicle has a safety related defect caused by failure of a defective part at relatively predictable intervals. Till now I've been replacing said part at my expense, except for one time when the manufacturer bore the expense, outside the warranty, thus creating implied warranty beyond the warranty period. Problem is the company no longer makes the part. I sued in small claims for $3000. I presented the case well enough that the magistrate could not render an immediate decision, and instead mailed the decision at a later date. I lost. The magistrares main reason was that the vehicle is ''currently operable'' hence no ''problem'' exists at this time. The problem is that if I operate said vehicle until the part fails again it could have life threatining consequences. I have appealed the original verdict. What argument or precedent do I use to negate the fact that the vehicle has no problem at this moment, but that its documented track record indicates failure is eminent?
1 Answer from Attorneys
Re: UDAP violation concerning a motor vehicle
It sounds like a consumer sales practices act case. However, you are at the point whereyou should get a lawyer to follow through. Email me if you have any questions.
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