Lemon Law for Defective Paint

[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.

[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.

[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.

[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.

[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

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

[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!!!!

[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

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.

[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 ???

[Nick Chapman]

Re: Lemon Law for Defective Paint

Nick,
purchased 12/07
I appreciate your feedback. I agree and I am not confident at all that the dealer will do the job right. You're correct in that the car has been in the shop twice and I AM very concerned about causing irreversable damage. I'm going to speak to the laywer and let him know that I am in contact with a professional in TX and that you strongly disagree with letting the dealer try again.

Did I just get myself involved

[davidw]

Re: Lemon Law for Defective Paint

Nick,
purchased 12/07
I appreciate your feedback. I agree and I am not confident at all that the dealer will do the job right. You're correct in that the car has been in the shop twice and I AM very concerned about causing irreversable damage. I'm going to speak to the laywer and let him know that I am in contact with a professional in TX and that you strongly disagree with letting the dealer try again.

[Nick Chapman]

Re: Lemon Law for Defective Paint

I understand your point. The service manager at the dealer is the one who actually directed me to the consumer affairs. I think this case is still in early stages and the dealership is offering ( all of the sudden ) to try to fix it again. I dont think there will be any major loss or expense to the dealer or Nissan. I just want my truck to look the best it can. If I were in your neck of the woods, I'm sure you'd be able to take care of it..

Give the dealership my number, and have them call me. I travel

Seriously, I do not believe that you are going to get the results that you are after, through the dealer. The dealership is going to take your vehicle back to the same company that they have in the past. This means they are going to use the same products/techniques that they have in the past. How will this make your future results any different?

Something you need to think about(and this may very well give you more grounds for your claim).

A vehicle only has so much clear coat. A factory clear coat is very thin! When you use a rotary buffer on a vehicles paint, you are removing clear coat. Your clear coat is your vehicles protection. UV rays will damage your vehicles paint. The less clear coat you have(your protection from damaging UV rays), the less time your vehicles paint will last. How many times can your vehicle be buffed before it causes damage? Thats hard to say. Depends on how aggressive the products they are using are, and how gentle the guy behind the buffer is being.


From what I gather, this will be the 3rd time your vehicle will be buffed. You're starting to get down pretty good. How old is your vehicle? Less than a year?

IMO, at this point you need to worry about having it done correctly, and not just run it through the buffer line again. You need to sit down and do some research on some of your local detailers. Find one that is going to treat you and your vehicle right, and have that detailer take care of the problem correctly. Do not rely on the dealership to do this for you anymore, as they are going to take the cheapest way out possible.

[davidw]

Re: Lemon Law for Defective Paint

I understand your point. The service manager at the dealer is the one who actually directed me to the consumer affairs. I think this case is still in early stages and the dealership is offering ( all of the sudden ) to try to fix it again. I dont think there will be any major loss or expense to the dealer or Nissan. I just want my truck to look the best it can. If I were in your neck of the woods, I'm sure you'd be able to take care of it..

[Nick Chapman]

Re: Lemon Law for Defective Paint

We'll have to agree to disagree.. I went to the dealer with my issue over and over. They never mentioned anything about an outside detail service.. They said " we've done all we could do ". So then who do I try to go to for results ? The dealer represents Nissan. If I've exhausted my attempts with the dealer, logic tells me that someone has to be responsible for the issue so Nissan CONSUMER AFFAIRS seemed to be the obviuos choice. THe are there to try to satisfy the customer. They tried and the results were the same. Nissan Consumer Affairs said to me "your own you own and do what you need to do ". It's certainly not my fault that a brand new vehicle is damaged and the dealer couldnt' help me. Anyway, we all have our own opinions and ideas and IMO I took the best course of action that I needed to.

Don't get me wrong, I'm not saying that you should've or shouldn't of taken any action. What I'm saying is maybe you took action against the wrong group. What did Nissan Motor Corp do to hurt your vehicle? Nothing as far as I can see. When the vehicle left Nissan Motor Corp hands, it was in new condition. At best the detailer that the dealer hired should be at fault, and possibly the dealer itself. You had a choice when you filed.....Nissan Motor Corp, The Dealership or the detailer. You chose the group with the deepest pockets. Is that wrong? Not for me to say. I'm just giving you my take on things. Same as my customer above.....should they have gone after Meguiar's to seek compensation for their seats damage?