Quote:
Originally Posted by JMatt
It that case, you have to use the ol' noggin, and it still doesn't take a lawyer. Just start asking the common sense questions when you get to question the DCX witness:
1) Do you have a degree in mechanical engineering?
2) How many burned pistons have you seen as a result of swirling from an aftermarket intake?
3) How did you determine that "smirling" caused the problem?
4) What are the other possible causes of a burned piston?
5) How did you eliminate those causes for this particular problem?
6) Please explain the physics that allows "swirling" to cause a burned piston.
etc., etc., etc. If you want to get technical (but this may require a lawyer to understand the law well enough) typically it will require an expert witness, as opposed to the lay-witness, to even testify as to causation of a mechanical failure. Thus, unless DCX brings a professional witness, with an engineering degree and a whole lot of additional qualifications, you could simply challenge the witnesses qualifications as an expert, and keep them from even testifying.
(for you other lawyers on the site, yes - I am vastly oversimplifying my answer on this part).
Bottom line: It isn't nearly as scary, difficult, or rare for the consumer to win the argument as many people would love for you to believe. SEMA fights for all of us "modders" regularly, and the auto mfgs. like to try to scare people.
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As mentioned above, this is all relative but how much $$$ will it cost the consumer to get to this point ?
Most dealers would not even mention the mods, unless it was clear cut that these caused the problem. If someone was willing to go this far to protect their "rights" this is all good and well, but if that same person has modified thier vehicle, and these modifications have caused this problem, then why is it the responsibility of the vehicle manufacture to cover repair costs?
Shouldn't the manufacture of the aftermarket part be held responsible for selling a product knowing it "can" void a new vehicle warranty.
So to simply put it, the resposibility is put back on the owner of the vehicle. The question is.
Will you risk your "rights" and modify your vehicle, or simply wait until the warranty expires ?