Tuesday, November 22, 2011

Product Liability Claim Filed Against A Huge German Automaker

A Mercedes Benz owner, Cedric Chan of California recently filed a product liability lawsuit against the huge German automaker – Mercedes Benz. In the lawsuit, Chan is claiming that the engine of the vehicle does not perform well as promised by the automaker.

According to the lawsuit, since Chan purchased the pre–owned 2007 Mercedes Benz E63 AMG in 2008, he has spent approximately $4,600. Later on, the vehicle required even more engine repairs which necessarily mean more expenses to Chan until he decided to trade it in acquiring a $25,000 loss.

Allegedly, Daimler, the defendant, has known about the defects in its M156 engines since it was first launched in the market on 2007 and has revised service bulletins for mechanics covering engine parts replacement.

Mercedes Benz M156 engine is a 6.2 liter V8 engine in its AMG vehicles beginning in the 2007 model year. It was the first V8 car engine designed independently by Mercedes – Benz subsidiary Mercedes –AMG.

The product liability lawsuit was filed before the federal court of New Jersey. The lawsuit is seeking class action status in behalf of California consumers who have purchased Mercedes Benz AMG with M156 engine from 2007 to 2011.

As a product owner, Chan is expected to get the product quality that is being described in the Mercedes Benz advertisement for its AMG products.

Under the strict liability claim, rather than focusing on the negligence of the manufacturer, strict product liability claims focus on the product itself. The manufacturer is held liable if the product is defective, even if the manufacturer was not negligent for the product defect.

However, in the strict product liability claim, the complainant must prove that the defendant’s conduct fail to comply with the relevant standard of care. Therefore, it would be a long and complicated battle between Chan and the huge German automaker. Chan must have the best attorney services here for a sure win.