Jump to content
bobsallyh

Winnebago Motorhome Court Case.

Recommended Posts

They bought a two-year old motorhome then blamed the company for problems that could have been caused by previous owners. Plus, the never took the rig to Winnebago to see if they could fix the problems. And that entitled them to a payout of substantially more than what they paid for the motorhome to start with?

Linda

Share this post


Link to post
Share on other sites
33 minutes ago, sandsys said:

They bought a two-year old motorhome then blamed the company for problems that could have been caused by previous owners. Plus, the never took the rig to Winnebago to see if they could fix the problems. And that entitled them to a payout of substantially more than what they paid for the motorhome to start with?

Linda

Welcome to America. Once McDonalds paid MILLIONS for serving hot coffee, the flood gates opened up for frivolous law suits.

Share this post


Link to post
Share on other sites
13 minutes ago, rynosback said:

Welcome to America. Once McDonalds paid MILLIONS for serving hot coffee, the flood gates opened up for frivolous law suits.

Yep, anyone can sue anyone. That MacDonalds case was reversed on appeal. In many of these cases, the party with the deepest pockets wins.

The suit bobSally linked to will be overturned IMO. The owners refused Winnebago's request to bring their MH to the W factory for evaluation and repairs.

Edited by Ray,IN

Share this post


Link to post
Share on other sites
Quote

The couple sued Winnebago in 2016 saying multiple defects in the 2013 Adventure motor home they bought in 2015 ruined the cross-country trip they planned after selling their home.

 

7 hours ago, Ray,IN said:

The suit bobSally linked to will be overturned IMO. The owners refused Winnebago's request to bring their MH to the W factory for evaluation and repairs.

I would certainly hope so. This sort of story makes one wonder about the members of the jury.

Share this post


Link to post
Share on other sites

Jurors have a tendency to side with an individual against a large company.  I only served on one jury in my life.  It took me two hours to convince the other 11 jurors that they shouldn't pay out an insurance claim which clearly wasn't deserved.

Share this post


Link to post
Share on other sites
1 minute ago, chirakawa said:

I only served on one jury in my life.  It took me two hours to convince the other 11 jurors that they shouldn't pay out an insurance claim which clearly wasn't deserved.

It didn't take nearly that long for the one which I served on, but Winnebago needed you and I!

Share this post


Link to post
Share on other sites

I disagree. There is no law that a consumer must take the product back to the manufacturer. If you by a Ford you take it to a dealer not back to Detroit. They took their rig back to the dealer multiple times and to multiple dealers. There is no law that requires you to take it back to the manufacturer in order for a product to be declared a lemon. The buyers followed the steps required by law. I do believe that the award was high. A return of their purchase price and some extra for the loss of use maybe. But the jury wanted to punish the manufacturer and awarded punitive damages. 

Share this post


Link to post
Share on other sites

Would be helpful to know whether or not this was a "new" coach even though they bought it two years after it is 'made'.   That would seem to be the only way that the manufacturer could have still been responsible.     Not surprised that Winnebago says that they needed to bring it back in - there are problems that could ONLY be addressed at the factory - - these are not cars.   And even with cars,  if there is a structural problem the manufacturers usually just collect it from the dealer after a new one is given to the purchaser.  

Share this post


Link to post
Share on other sites

I agree that frivolus or stupid (i spilled hot coffee) should be stopped BUT this was not a frivolus or stupid lawsuit.  Finally somebody has stood up to the manufactures shoddy work practices and lack of quality control.  

I had the misfortune to speak with a representive of a major manufacture about an issue and he admitted to me that he brought that very issue to a quality control meeting and was rebuked because was too much "work" to rectify the issue!

If there were more successful lawsuits we would no doubt have better and safer RVs because it would be cheaper to do it right the first time!

Share this post


Link to post
Share on other sites

It must have been a new one, but what stumps me is why none of this was noted in a walk-thru with the dealer.  With a new unit sitting for an extended time, it just seems it would have been gone through by the dealer, and then with the couple when being picked up.  I would not start out on a cross-country trip with a new RV, but then I know the woes of new RVs.  This "thing" of having to return it to the factory is coming up more and more often which is very difficult for many in time/cost.  If it has to go back to the factory, I see that as a major failure of the unit.  Many times the RV spends so much time in repair that it takes away from the joy of ownership.  The award is excessive IMO though.

We had 2 different RV dealers in Kansas tell us that if we chose a unit, it would be a week before we could pick up as they would turn all systems on and go through them, water, furnace, etc. etc. and this was on a travel trailer that cost much less than a motorhome.

Edited by SnowGypsy

Share this post


Link to post
Share on other sites

This is an exerpt from a law firms website:

" If your motorhome, 5th wheel, or another motor vehicle is covered under a lemon law, you must allow the manufacturer a reasonable opportunity to correct the problem.  This repair opportunity involves three or four repair attempts in many states, but the number of attempts can be as few as one or two where serious safety issue constitute the problem.  Further, the vehicle also might be subject to a lemon law claim if the vehicle is out of service for repair for a sufficient period, which often is thirty days but can be as few as fifteen in some states."

Share this post


Link to post
Share on other sites

I bought a new Winnebago plagued with problems beginning within the first 10 miles. 2 dealers in Texas couldn’t fix it WGO said bring it back to the factory. Three days they worked on it & pronounced it cured. I drove from the factory to the local WGO dealer & traded it. A motorhome a couple of months old with ~4K miles (all delivery & chasing service) doesn’t make a real good trade. My attorney said that the consumer protection laws, & state Lemon laws were so neutered as to be nearly ineffective. If I wanted to fight them for a couple of years I might get a settlement. Being 76yrs old I didn’t want to spend the 2 yrs. $500K MAY be extreme in your minds but we don’t know if they netted anything, or do we ? I doubt if WGO will settle after the first round.  

Edited by dewilso

Share this post


Link to post
Share on other sites
20 hours ago, Twotoes said:

I disagree. There is no law that a consumer must take the product back to the manufacturer. If you by a Ford you take it to a dealer not back to Detroit. They took their rig back to the dealer multiple times and to multiple dealers. There is no law that requires you to take it back to the manufacturer in order for a product to be declared a lemon. The buyers followed the steps required by law. I do believe that the award was high. A return of their purchase price and some extra for the loss of use maybe. But the jury wanted to punish the manufacturer and awarded punitive damages. 

I tend to agree with Twotoes.  Without additional detail I am guessing that maybe they purchased this unit new, possibly one the dealer had left over from the model year before.  

The award sounds a little high initially, however do they actually get all that money or is there a split and their attorney gets 1/3 or more?  I know in some federal cases the courts can grant attorney fees to one side or the other to be paid by the loser.  Plus if the manufacturer appeals it and drags it out for a few years they may not get a dime.  I suspect if this gets another look by a federal jury the manufacturer will make sure there are some RVers on that panel.

Share this post


Link to post
Share on other sites
On 8/29/2019 at 7:36 AM, FL-JOE said:

I tend to agree with Twotoes.  Without additional detail I am guessing that maybe they purchased this unit new, possibly one the dealer had left over from the model year before.  

The award sounds a little high initially, however do they actually get all that money or is there a split and their attorney gets 1/3 or more?  I know in some federal cases the courts can grant attorney fees to one side or the other to be paid by the loser.  Plus if the manufacturer appeals it and drags it out for a few years they may not get a dime.  I suspect if this gets another look by a federal jury the manufacturer will make sure there are some RVers on that panel.

The motorhome WAS a new purchase, it WAS their only home, there WERE about 1/2 RVers on the jury, and it took them about 3 years to litigate the case.

They had sold their stick and brick, then spent the next 2 years in various repair shop parking lots doing overnights.  Then when the slides again failed repeatedly, Winnebago attorneys argued in court that the couple still had use of much of the rig, just leave the full wall slide in.  That strategy may have ticked off the jury.

I personally think they were underpaid!  I wouldn't spend 2 years of my life on or in that POS...

Edited by Dan Hannah

Share this post


Link to post
Share on other sites
On 8/28/2019 at 4:14 PM, SnowGypsy said:

It must have been a new one, but what stumps me is why none of this was noted in a walk-thru with the dealer.  With a new unit sitting for an extended time, it just seems it would have been gone through by the dealer, and then with the couple when being picked up.  I would not start out on a cross-country trip with a new RV, but then I know the woes of new RVs.  This "thing" of having to return it to the factory is coming up more and more often which is very difficult for many in time/cost.  If it has to go back to the factory, I see that as a major failure of the unit.  Many times the RV spends so much time in repair that it takes away from the joy of ownership.  The award is excessive IMO though.

We had 2 different RV dealers in Kansas tell us that if we chose a unit, it would be a week before we could pick up as they would turn all systems on and go through them, water, furnace, etc. etc. and this was on a travel trailer that cost much less than a motorhome.

Dealers (salesman???) have been known to "tell" buyers most anything the buyer may want to hear.  Most any sales man would respond to a buyers question about checking out the rig with something like the quote above.  It would be very difficult to verify that the dealer actually did spend a week going through the trailer.  

That is not to say the dealer didn't have a tech spend 20-30 minutes looking through the rig for any glaring problems and/or having a non technical worker(s) clean the rig so it looks pretty.  

Another thought is: With a walk through, it is likely the slides were not actually brought all the way in, or maybe not even a little way in.  Probably, "here is the button you press to bring the slide all the way in or out".  Unless the buyer insisted the slides be operated all the way in and out, maybe even several times, chances are the slides were not operated during the walk through.  

Share this post


Link to post
Share on other sites
12 hours ago, Dan Hannah said:

The motorhome WAS a new purchase, it WAS their only home, there WERE about 1/2 RVers on the jury, and it took them about 3 years to litigate the case.

 

This is from the original link.  It was not a new motorhome. It was 2-years-old when they bought it and sued  a year after purchase.

 

"The couple sued Winnebago in 2016 saying multiple defects in the 2013 Adventure motor home they bought in 2015 ruined the cross-country trip they planned after selling their home."

Share this post


Link to post
Share on other sites

It was not a used motor home as one might assume.  The article states it was a 2013 model purchased in 2015.

The article is poorly written and leads a reader to make assumptions.  Was it new off the dealer's lot?  It doesn't say.
We can only assume that it was.

 

Share this post


Link to post
Share on other sites
3 hours ago, Rich&Sylvia said:

It was not a used motor home as one might assume.  The article states it was a 2013 model purchased in 2015.

The article is poorly written and leads a reader to make assumptions.  Was it new off the dealer's lot?  It doesn't say.
We can only assume that it was.

 

I agree, it's not 100% clear.  However, it could have also been stated it was a 2000 model purchased in 2015.

Share this post


Link to post
Share on other sites
10 hours ago, Rich&Sylvia said:

We can only assume that it was.

Or one could also believe that a 2 year old RV was previously owned, as severl posts show. The article doesn't say but that would be a very unusual situation at most dealerships. Dealer agreements give only a limited period for sale before the dealership is required to start to pay at least interest. It may have changed in the years since I knew for sure, but I was friends with a dealership's general manager and that was true then. 

Share this post


Link to post
Share on other sites
On ‎8‎/‎27‎/‎2019 at 11:21 PM, rynosback said:

Welcome to America. Once McDonalds paid MILLIONS for serving hot coffee, the flood gates opened up for frivolous law suits.

 

On ‎8‎/‎27‎/‎2019 at 11:34 PM, Ray,IN said:

Yep, anyone can sue anyone. That MacDonalds case was reversed on appeal. In many of these cases, the party with the deepest pockets wins.

The suit bobSally linked to will be overturned IMO. The owners refused Winnebago's request to bring their MH to the W factory for evaluation and repairs.

 

16 hours ago, Zulu said:

Urban myth. Here's the real story.

Thank you Zulu! 

I was going to post this one:  https://www.caoc.org/?pg=facts

That poor lady admitted her actions contributed, suffered 3rd degree burns requiring skin grafts to her inner thighs and genitals, asked only for medical bills to be paid, and sued when they only offered $800.  McDonald's coffee was shown to be kept at temperatures much higher than industry standard.  The millions were reduced to a more reasonable amount by the Court and it was never appealed - they settled to avoid the time and litigation expense.  It was about as UN-frivolous as a lawsuit gets. 

Sorry, as a lawyer, this one always ticks me off.

As for the RV case, well, if it was new, and given all these people went through - if it was me I'd likely sue too.  It's not the suit, it's the jury verdict that's shockingly large.   But, then again, what is a year of your life worth to you?  You plan to tour the country and end up sitting in RV dealerships over and over and over?  Maybe not the usual "pain and suffering" one thinks about, but there's value there.  If this thing was as bad as described...

Share this post


Link to post
Share on other sites
1 hour ago, Alice said:

As for the RV case, well, if it was new, and given all these people went through -

                .................. IF

Share this post


Link to post
Share on other sites

I have no personal knowledge of this situation but even if only most of what has been reported here turns out to be true I'd be appalled if it happened to me. Even if the rig wasn't new I'd be upset if I had those problems with all those nights spent at shops. And that statement about it being fine with the full wall slide pulled in?!!! Yes we could stay in our Winnebago 34Y with the full wall slide pulled in but it sure wasn't convenient nor comfortable to do so. That comment would not have set well with me, either. The lawyer was stupid to make such a statement. If it's true.

Linda

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

RVers Online University

campgroundviews.com

Our program provides accurate individual wheel weights for your RV, toad, and tow vehicle, and will help you trim the pounds if you need to.

DFW RV Roof

RVAir The cleanest air in RVing!

Rv Share

Dish For My RV.

Find out more or sign up for Escapees RV'ers Bootcamp.

Advertise your product or service here.

The Rvers- Now Streaming

AGS Now Hiring

RV Pet Safety

RVTravel.com Logo



×
×
  • Create New...