2016 Volvo Recall Class-Action Suit

I discovered the history of the issues after the fact. LOGICALLY, I had no reason to research that specific problem about these trucks before hand. What I knew before hand was that there WAS and issue that had been FIXED according to Volvo's instructions. Volvo erred and reissued another recall, citing the original problem they suspected was not in fact the problem, but another problem. Besides that, logic plays no part in a material breach of warranty. If I buy something that someone warranties to be good, and/or fixed, I am relying on and trusting that warranty as a cerification and good faith that there either is no issue, or any issues had been resolved, and it turns out it isn't or wasn't, that is a breach.

Now, things happen, I can understand that, but this issue was negligently fixed, and by and through Volvo's good reputation, I relied on that negligent representation, unbeknownst to me at the time, to make the purchase. There's a big difference there!

But, By your argument, I shouldn't buy a McDonald's coffee either because I should know that the coffee will be hot and could scald me if the lid pops off and gets spilled on me. Admittedly, that lawsuit was frivilous in my opinion, and it didn't pose a massive threat to the motoring public like this does, but a jury decided she was right.

Or maybe, by your logic, I shouldn't buy any vehicle equipped with airbags, given the latest news. Tell me then, what choices for transportation I would have being all vehicles are equipped with them.

I can go on and on with 'What If' scenarios, but at the end of the day, logic has no bearing under the law. What matters is what is written and the material facts surrounding any issues. This is not a case where mommy told you not to play with fire or you might get burned, this is a case of getting burned after she told you fire was safe and okay to play with.

 

You're probably right!

 

I do not wear rose colored glasses. I realize Volvo will vigoirously defend their position. But there is no way to minimize this particular issue. I am also not expecting to get rich quick, in fact, I may not get anything, but that is not a reason to still not fight for what I believe. And at the end of the day, if we do win, the naysayers will be standing right there with their hands out, wanting a piece.

 

LOL, been filed, takes time, doesn't happen over night.