Legal Question in Product Liability in Pennsylvania
we purchased a nissan pathfinder new in 2002. It was recently having steering issues, mechanic looked at it and said the SUV would probably need to be scrapped, he said he could not believe we were not in an accident, said the steering column was literally just hanging, ready to collapse. He also suggested we check on recalls. turned out there was one, we contacted Nissan, they originally said there was not one, but after pressing them, they did agree with us and admitted our SUV was part of a recall. We had it towed to the dealer and after inspecting they informed us the SUV was not repairable and would offer us a cash settlement. Four and a half months have gone by and their offer was for bluebook value. We have been going back and forth, said we did not do anything wrong (they did tell us that other than the steering issue, their inspection showed the truck to be in excellent condition) and now we are forced to purchase another vehicle, assume a car payment, and feel we should be offered more than bluebook. My question is, is an offer of bluebook standard for something like this? Not sure if we should seek representation before we accept the offer?
2 Answers from Attorneys
Under these facts,forget about Blue Book settlement. Your lucky your not dead and did not kill someone
else.
Under the stated facts here,I would strongly recommend you immediately retain a attorney (perferable one on a contingency basis) and sue for fraud and deciet,misrepresentation,negligent misrepresentation,unfair business practices,recission of contract,money had and recieved,violations of Lemon Law and product liability seeking compensatory,consequential,special and punitive damages,interest at the maximum legal rate by law,expert fees,attorney fees and costs.
Tell your attorney to file a Motion for Assignment to Arbitration to short-cut a trial.
Check around and get an attorney that knows what he's doing.
I disagree with Mr. Lang. The fact is that you got nine years of usage of the vehicle, and unless you paid for repairs as a result of the defect (which you should be reimbursed for), no one was hurt--the car was not in any accidents as a result of the defect. And under these circumstances, what exactly are your damages? You didn't even know of the defect until recently. If you hire a products liability lawyer, under PA law, you're going to have to pay him 40% of your recovery. Additionally, your lawyer will have to hire one or more experts, which will also come out of your settlement. With all due respect to Mr. Kang, he is a prosector and not a products liability lawyer. Further, I'm sure that he is not familiar with PA law. What you have is property damage claim and nothing more. The fact that Nissan lied to you after the fact is almost irrelevant. You are indeed fortunate that neither you nor any other person suffered personal injuries as a result of this defect. Had that occurred, then someone, maybe you, may have been catastrophically injured. That didn't happen. If it did, you would have a huge case, but you or the person injured would possibly have a ruined life, or might have died. The law does not compensate you for what might have been. I don't think any experienced products liability lawyer would take your case. Maybe a lawyer could get you another couple of thousand dollars from Nissan, but most of that money would be taken by your lawyer as his attorneys fees. You clearly had a defective vehicle, but your damages are limited to the loss of the 9 year old vehicle. So that you know, I have almost 35 years litigating product liability cases. This is my opinion based on my experience. If there are any doubts in your mind, you should consult with an attorney. The initial consultation will be free, so you have nothing to lose.
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