Lethaldose50
Member
- Joined
- February 22, 2015
- Messages
- 10
- Reaction score
- 0
- City, State
- Illinois
- Year, Model & Trim Level
- 2015 Ex Sport
I would consider that he would have a strong argument - to be explored/validated by a qualified / skilled lawyer specializing in class action - that the part failure was likely well WITHIN the warranty period - but was not discovered until shortly after. The particular mode of failure is hidden, and would not be detected until the oil was degraded with contamination. By which time, the engine is toast.
To me, this sort of engine design demands sensors that will alarm at the presence of coolant in the oil, because pump seal failure would cause catastrophic engine failure.
I'd counter your argument to say that he would have slim to no chance at this point. He has an engine that's been torn down and much of the evidence of that claim is likely contaminated or destroyed. There would also need to be enough plaintiffs with the same issue to make it worthwhile for an attorney of that skill to want to fight a large corporation with equally large legal assets. I also believe the burden of proof would be on his part. The rapid loss of power followed by catastrophic engine failure points more towards the case that whatever caused it was a series of quickly occurring events. Add in the fact that he cannot testify to the thoroughness of maintenance or abuse/lack of abuse by the previous owner and I don't think equally competent defense counsel would have a hard time shooting holes in the case.
In theory I see the merit of what you're saying but I think the reality is much different.