Sally bought a new SUV from a dealer, Machens, Inc. The SUV was manufactured by

Question

Sally bought a new SUV from a dealer, Machens, Inc. The SUV was manufactured by International Motors (IM). Sally drove her SUV without problems for 3 months. Shortly thereafter, while driving 60 mph (10 miles below the maximum speed limit) on the highway, the engine suddenly caught fire causing Sally to crash into the guard rail on the side of the highway and crash into a ditch. The car was a total loss, and Sally sustained a broken leg and second degree burns on both arms.

Sally wants to sue for her injuries.

A. What area of law is applicable to Sally’s legal claim and why/how is this area of law applicable?

B. What possible legal claims can Sally sue for to recover damages for her physical injuries and the loss of her car? Why?

C. What party(ies) can Sally sue and why?

Explanation / Answer

- If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming ‘damages’).

Fllowing steps can be taken at the point of damage:

- Work out how much compensation you want:

You'll need to work out a fair amount of compensation to ask for. You should consider:

-How to claim compensation:

It’s a good idea to take photos of any damage caused so you can use them as evidence. You should also make note of dates and times when things went wrong.The action you should take depends on whether or not you bought the item that caused the damage.

- You should first try to claim compensation from the company you bought the item from. Call or write to them and explain your situation.

You can include the cost of the faulty item in your claim for damages, but not if you’ve already had a refund or been given a replacement.

If you write, include copies of photos or any other proof you have of the damage. It’s a good idea to keep the originals in case you need them later. You can send the letter by registered post so you have proof that it was received.

- Sally can sue international motors and the dealer she bought the car from.

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