CASE STUDY – Warranty Claim

LOCATION

• Pittsburgh, PA

LEGAL SCOPE

• Defective Equipment Warranty Claim

CASE NOTES

• New equipment failed within warranty period
• Manufacturer disclaimed warranty liability
• Manufacturer’s defect caused equipment failure
• Mark has knowledge of motorcycle mechanics

DETAILS & OUTCOME

At the age of fourteen, I owned a Honda SL 175 motorcycle. I loved owning it, riding it and working on it – and I knew it inside and out. While I owned it, I completely dismantled, rebuilt and repaired its engine. This specific mechanical knowledge served me well later in my career.

A client of mine purchased a Kawasaki Motocross genuine “Racing Edition” motorcycle, designed and marketed specifically for use under extreme racing conditions. In spite of its design for use in such extreme conditions, the manufacturer disclaimed all warranties for the equipment at the time of sale.

Of course, within the first few rides after purchase, the engine’s timing chain failed causing catastrophic engine failure to my client’s motorcycle.

Initially, progress to convince Kawasaki to honor its warranty stalled. It was not until after speaking with the mechanic for Kawasaki, and having the ability to discuss the mechanical intricacies of the motorcycle’s engine and its timing chain failure, that Kawasaki suddenly agreed to honor its product’s warranty and pay for all necessary repairs.