Quote:
Originally Posted by infinitekidM2C
Quote:
Originally Posted by Brandt51
The burden of proof concerning aftermarket parts affecting warranties falls on the owner to prove. A single customer has a long uphill battle to get a corporate entity to honor a warranty that appears to comply with on all levels with the The Magnuson–Moss Warranty Act.
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I'm not sure i understand what you are saying, but the burden of proof is unquestionably on the company/dealership since they are attempting to defend their failure to comply with the promise (warranty) that they will fix the car if something bad happens. Still, if they do decline to repair the car, you're likely going to have to sue which is a battle. |
A study on
voir dire (jury selection), shows that jurors just love
CSI-style evidence, more than logical reasoning and likely will sway in that direction.
So all a BMW expert has to do is testified that their was an electronic trail of the vehicle's software being tampered with, add some meaningless but colorful diagrams and its case closed.
You're dead in the water if you believe you'll win a case against a conglomerate, unless you have some irrefutable evidence of a tort against you.