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Subaru’s Hope for Fast Lawsuit Dismissal Shatters Like Allegedly Defective Windshields

Jun 26, 2018

What can a car owner do if the manufacturer doesn’t stand behind its allegedly defective product?

Subaru defects attorneys learned that the automaker’s hopes of getting a lawsuit against it by certain Legacy and Outback owners dismissed were shattered—allegedly just like the windshields that are the basis of the plaintiffs’ claim.

The 2015–2016 Subaru Outback and Legacy owners claim the automaker allegedly knew for a long time that the defective windshields could crack or chip with minimal or no impact but “tried to conceal” it.

The plaintiffs’ express and implied breach of warranty claims were also allowed to proceed. Specifically, the court allegedly ruled that a plaintiff’s pre-litigation demand letter was sufficient notice on the express warranty claim. It also reportedly rejected defendants’ argument that plaintiff had no relationship with Subaru, finding instead that there was a contractual relationship between the plaintiffs and the “automaker as manufacturer/distributor of the vehicles” and allowing the implied warranty claim to proceed as well.

A warranty is a seller’s promise to stand behind their product and correct problems if the product fails. Written express warranties are covered by federal law. Implied warranties of merchantability or fitness for a particular purpose are unspoken, unwritten promises governed by state law. These laws protect consumers from defective products and unscrupulous sellers.

In addition, buyers and lessees of cars are protected against many kinds of dealer fraud through consumer protection laws. In this case, the judge reportedly ruled against Subaru’s motion to dismiss the fraudulent omissions charge, finding plaintiff’s’ allegation that the shattering windshields “pose an extreme safety hazard to drivers, passengers and pedestrians” sufficient to allow the fraud claim to proceed.

If you suspect you have been a victim of dealer fraud, or have a breach of warranty claim, the Law Offices of Timothy Abeel & Associates can help you. Contact us today for a free consultation.

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