Lemon Law for Defective Paint

[davidw]

Re: Lemon Law for Defective Paint

Thought we were going in this direction earlier..

lol... I'll keep you annonomous as long as you'd like to be . I really dont think the laywers are too knowledgable in this department either. What's your fee ???

[3Fitty]

Re: Lemon Law for Defective Paint

Coffee is hot, thats a no brainer. If you spill coffee on yourself, it's going to burn! <---another no brainer.

Heating it 30-50 degrees more than industry standards is negligence and therein lies the culpability. It is no different than creating a defective product or maintaining something in a negligent condition.

If it was 30 degrees cooler, would it have not burned?

It wouldn't have caused 3rd degree burns permanently scarring her. Big difference.

I believe the results would have been the same.

The medical experts said it would have been different.

People in this world are all too happy to file a law suit over something rediculous.

I here this a lot from people UNTIL it is their lawsuit. Then I hear things like this... "I'm not really the type to sue, but my case is different".

My girlfriend is a flight attendant. She is required to wear a specific uniform, made out of a specific material. She was flying into LAX when the aircraft hit some turbulance, causing the aircraft coffee pot to spill onto her arm. The material her uniform was made out of melted and stuck to her skin, giving her severe burns to her upper and lower arm.
She was required to wear this unifom by company rules. Company has hot coffee. What was the result? Nothing. It was deemed an accident, and no one was to blame.

Another misconception. Your girlfriend would've been barred from suing her employer because Worker's Compensation laws do not permit suits against employers unless you can show the offending conduct was intentional (or in some jurisdictions like NY, the employer could be brought in as 3rd party if the injured person suffered a "grave injury").

To me, my girlfriends case would have a lot more bearing than someone driving through McDonalds. After all, she was required to wear the uniform that melted to her skin.

See above, but she may have a claim against the manufacturer of the garment. Surely using a material which is known to melt upon contact with a hot liquid is negligent. In your girlfriend's case, it would depend upon her injuries. Remember the women in the McDonald's case suffered horrific, life altering 3rd degree burns. In short, she was mutilated.

[Tim Lingor]

Re: Lemon Law for Defective Paint

Thought we were going in this direction earlier..

lol... I'll keep you annonomous as long as you'd like to be . I really dont think the laywers are too knowledgable in this department either. What's your fee ???

Morning,

At this point, if you will be discussing fees, please contact each other directly through PM's or an email rather than posting in an open forum.

We appreciate your understanding.

Tim

[3Fitty]

Re: Lemon Law for Defective Paint

lol... I'll keep you annonomous as long as you'd like to be . I really dont think the laywers are too knowledgable in this department either. What's your fee ???

I beg to differ! This lawyer LOVES cars, LOVES detailing and LOVES the Lemon Laws!!!!

[Nick Chapman]

Re: Lemon Law for Defective Paint

Morning,

At this point, if you will be discussing fees, please contact each other directly through PM's or an email rather than posting in an open forum.

We appreciate your understanding.

Tim

No worries Tim. I'd rather not get involved if at all possible. I'll give you my advice for free here on this forum, but thats as far as I'll go in a case like this. I would like to remain annonomous if at all possible.

Nick

[Mike Phillips]

Re: Lemon Law for Defective Paint

Swirls are ALWAYS going to be a visual problem with any clear coated car, truck or s.u.v. Actually, swirls would and will be a problem with any single stage paint too, the problem is that automotive paints are easily scratched from normal day-in, day-out wear and tear.

Anytime the paint is "touched" the potential exists for the paint to be scratched. Serious car enthusiasts and Professional Detailers understand this and for this reason they invest the time, energy and money to make sure everything they touch the paint with is of the highest quality and the way they touch the paint is carefully and well thought out.

Taking the above steps is the only way to reduce the potential for swirls and scratches in any type of paint and even if you do all the right things you'll actually still see some light swirls in the paint over time. About the only practical way to maintain a 100% swirl free finish is to simply not drive the vehicle and leave it covered in a clean garage.

Point being is automotive paints are easily scratched and swirled and once they are instilled with swirls and scratches it requires the right products and techniques to remove the swirls and scratches without instilling them at the same time. Polishing paint is an art form, not just a mechanical process, it requires the human elements of care and passion.

Even if Nissan steps up to the plate and takes your car back and refunds your money, if you take that money and go buy another car, truck, or s.u.v. you're going to be presented with another clear coat finish to take care of and all the issues that you're dealing with for this Nissan you'll be dealing with for any other car with a clear coat finish.

Black will always show swirls easiest to your eyes and this is one of the reasons a lot of people will choose silver metallic finishes as they are the hardest to see swirls and scratches on. The swirls and scratches will still be in the paint but it's just harder for your eyes to focus on them.

I'm the biggest proponent and supporter for paint manufactures to bring out paints for car manufactures that are easier for the average person to work on.

Keep us posted as to what happens next...

[Nick Chapman]

Re: Lemon Law for Defective Paint

Heating it 30-50 degrees more than industry standards is negligence and therein lies the culpability. It is no different than creating a defective product or maintaining something in a negligent condition.



It wouldn't have caused 3rd degree burns permanently scarring her. Big difference.



The medical experts said it would have been different.



I here this a lot from people UNTIL it is their lawsuit. Then I hear things like this... "I'm not really the type to sue, but my case is different".



Another misconception. Your girlfriend would've been barred from suing her employer because Worker's Compensation laws do not permit suits against employers unless you can show the offending conduct was intentional (or in some jurisdictions like NY, the employer could be brought in as 3rd party if the injured person suffered a "grave injury").



See above, but she may have a claim against the manufacturer of the garment. Surely using a material which is known to melt upon contact with a hot liquid is negligent. In your girlfriend's case, it would depend upon her injuries. Remember the women in the McDonald's case suffered horrific, life altering 3rd degree burns. In short, she was mutilated.

I don't know all of the specifics about the McDonalds case. Only what I've heard on the news, or through the grapevine. Maybe I shouldn't be commenting about it.

About my G/F's accident, 3 previous employee's had the same thing happen to them. In each case, the garment they were required to wear melted and ended up making the injuries worse. Company refused to have the garment replaced by something that wouldn't react this way. After my G/F's accident, all uniforms were pulled, and totally replaced with another type fabric.
My G/F's arm is deformed(she has scars from the accident).....not sure "deformed" is the correct term, but it's all I could think of.

[davidw]

Re: Lemon Law for Defective Paint

I beg to differ! This lawyer LOVES cars, LOVES detailing and LOVES the Lemon Laws!!!!

HAHA . I stand corrected.

[davidw]

Re: Lemon Law for Defective Paint

Morning,

At this point, if you will be discussing fees, please contact each other directly through PM's or an email rather than posting in an open forum.

We appreciate your understanding.

Tim

OK THX. I was actually kidding about the fee thing.
Nick, I was also not serious about getting you involved until, and again, I appreciate all your advice.

[3Fitty]

Re: Lemon Law for Defective Paint

My G/F's arm is deformed(she has scars from the accident).....not sure "deformed" is the correct term, but it's all I could think of.

Sounds like a potential product liability lawsuit against the manufacturer of the garment. I don't know what the statue of limitations is for a products case in Texas but you should have her see a lawyer.

[Tim Lingor]

Re: Lemon Law for Defective Paint

No worries Tim. I'd rather not get involved if at all possible. I'll give you my advice for free here on this forum, but thats as far as I'll go in a case like this. I would like to remain annonomous if at all possible.

Nick

Morning Nick,

No problem! Actually I was referring to the legal fees etc

But you are right, one needs to be careful about giving advice or suggestions on legal matters especially when their name is attached to their comments.

Tim

[Nick Chapman]

Re: Lemon Law for Defective Paint

Sounds like a potential product liability lawsuit against the manufacturer of the garment. I don't know what the statue of limitations is for a products case in Texas but you should have her see a lawyer.

Different personality over here. Neither of us would be interested in filing a claim against anyone over this. It was investigated through the company(rules for any accident). But we would like to leave it at that. For all we know, the garment manufature could have stated that this fabric will melt with heat.

Anyway, we're taking this thread completely off topic.

Back to bashing David for filing his claim....... j/k

[davidw]

Re: Lemon Law for Defective Paint

Back to bashing David for filing his claim....... j/k

Bring it on ...

I know.... I really need to get a life. should be the biggest problem in my life !!

[Nick Chapman]

Re: Lemon Law for Defective Paint

Back to bashing David for filing his claim....... j/k

Bring it on ...

I know.... I really need to get a life. should be the biggest problem in my life !!

I'm glad that people are taking more interest in their vehicles condition. As I said before, it may be in your best interest to use this forum as education, invest in a G110 and a few Meguiar's products. It will only take a few hours, and your vehicle will be in it's best condition ever!

It's going to be tough to find a shop that is going to give you the results you are after. Most, and I did say most....production shops are only interested in how fast they can get the job done and get paid for it. You need to find someone that is willing to take their time and do the job correctly. You're going to pay more for it, but you and your vehicle will be happier finding this person.
If you are dead set on having someone else do this job, then take your time and do your research on them before you let them start.

Nick

[davidw]

Re: Lemon Law for Defective Paint

Great site !! Great forum !!!