Quote:
Originally Posted by Lawguy
Uh, that’s not exactly how the burden of proof works.
Consumer is the Plaintiff, who has the BOP. You don’t get to say “my engine crapped out so give me a new one”. You have to prove how and why.
I’ve tried several products liability cases. They ain’t easy or cheap.
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I wasn't talking about plaintiff vs. defendant; I was talking about the law that would determine who is in the right.
The consumer would be the plaintiff, but all he has to prove is that he has a legal contract (the warranty) and that BMW is violating it. BMW then has to prove that the failure in question was directly caused by an action or omission on the part of the consumer that voids the warranty per the language therein. BMW may very well have that proof in this case, but they can't just void a warranty in its entirety for lack of maintenance. They have to prove that lack of maintenance directly contributed to the failure.
EDIT: I see that BMW agreed to honor the warranty.