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If this vehicle were truly unsafe to drive (according to US safety standards), what legal recourse would an individual consumer have to have this fixed? Unless
by viknesh 3y ago
If this vehicle were truly unsafe to drive (according to US safety standards), what legal recourse would an individual consumer have to have this fixed?
Unless the user gets in an accident, is there a way to actually prove the frame is structurally defective?
- print_goto_ten 3y agoLemon law likely applies
- raverbashing 3y ago> is there a way to actually prove the frame is structurally defective? I think the photos do that just fine
- foooorsyth 3y agoThis is a Lemon Law slam dunk
- owenmarshall 3y agoLawsuit. Tesla's service center might be willing to say "within spec!" but I suspect they'll have a much harder time finding an engineer willing to put their license on the line in court.
- throwboatyface 3y agoPretty sure the onus is on the manufacturer to produce cars in a repeatable fashion such that crash test samples are representative. If they can't make the cars consistently they shouldn't be making cars.
- adionionio 3y agoLawyers prove things in court for a living. They wouldn't have any trouble proving the frame being cracked nearly in half is a defect. It probably wouldn't get to court, though. The government deals with lemons all the time. Every state has ways to get lemon buyers relief quickly and at minimal expense.
- HumblyTossed 3y ago> what legal recourse would an individual consumer have to have this fixed? A lawsuit. That is what the legal system is for. But for some reason people seem to look down on this which I find baffling.
- trogdor 3y agoWhen you buy a Tesla, you agree to arbitrate all disputes with Tesla. Including Lemon Law claims.
- HumblyTossed 3y agoFair, but I was speaking more generally.
- Obi_Juan_Kenobi 3y agoThey can write whatever they like; state law dictates how it actually proceeds. In my state, you must start with arbitration but you have zero obligation to accept that decision and can sue regardless of outcome.
- trogdor 3y agoI don't think that is true in the United States. The Federal Arbitration Act applies nationwide, and it explicitly preempts state law. If you think that I am wrong, please explain why. (You are right that you "can sue regardless of outcome," but only in the sense that anyone can sue anyone for anything. If you enter into an agreement to arbitrate disputes, the outcome of that arbitration is generally binding.)