Ratings. Guidance. The Right Lawyer.
How do I initiate action against the manufacturer of a defective product.
Bethpage, TN
Viewed 70 times.
Posted 6 months ago in Defective / Dangerous Products
Flag as objectionable
I have had to file an insurance claim twice on my garage door, which sustained substantial wind damage. Not only have my insurance rates tripled over the past four years, but the same garage door is being replaced for the third time for the exact same damage, suffered in the exact same place. I have attempted to work with the manufacturer, who did replace the door the second time for free, and they have offered to settle for the same door, with reinforced doors, at half price. However, they refuse to acknowledge that there may be a possible defect. This has cost me extensively, not only in deductables, and accelerated premiums, but also for installation charges, which the manufacturer does not include in settlement.
Answers (2)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 6 months ago.
Flag as objectionable
What is the defect you claim? From what you post it appears that the wind and or installation may be the culprit. Does the door meet all the required code ratings? You can check to see that by looking at the printed material that comes with the door.
Unless you have a lot more details this does not appear to be a strict product liability matter. And the damages you complain about in your post are more contract related problems, not tort claims. Check with a lawyer in your locale. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 
Bruce Robert Pfaff
This attorney is licensed in California and 1 other state.
Posted 4 months ago.
Flag as objectionable
If a product does not measure up to expectations as it has in your case, you remedy is more likely for breach of warranty or breach of contract. You are able to recover for repair or replacement of the product unless the warranty provides something different. It is unlikely you could recover for accelerated premiums.
If the product does not cause a personal injury or death, you will likely not be able to proceed with a product liability suit. I suggest having a professional installer recommend a door and install it. |
