Originally Posted By: NHHEMI
Dermapaint is 100% correct. If the owner can not show proper maintenance was done and the oil changed properly they have an out. Improper maintenance is a very easy way out for the car mfg. He can show he did it all correctly however( he says )so it won't be an issue.
Yes and no. I do MMWA cases as a side-line to my law practice. IF it goes to arb or court (a major if in the real world), the mfr will have the burden to prove that something that the owner (or some other 3d party) did caused the failure. Should the case go that far, it will be VERY hard for the mfr to meet this burden. We all hope that cases never go this far (bad for everyone), but if they do, the owner's lack of receipts, especially if he testifies he took good care, simply will NOT meet the mfr's burden.
The owner will then win, and probably get atty fees assessed too. But by that time, the owner will have been car-less for God only knows how long (unless he can just afford to buy another). By then, everyone has lost. Imagine a football game in which both teams can "earn" a loss.
Far better, but not technically necessary, to have every duck precisely in line, up front, so you can avoid such a confrontation.