Reply
 
Thread Tools Search this Thread Display Modes
 
Old 02-21-2016, 11:07 AM   #1
Rivet Master
 
2016 30' International
Scottsdale , Arizona
Join Date: Jul 2010
Posts: 723
Lawsuit: salesman's statement of trailer suitability

Though I think it is common for dealerships to claim no responsibility for statements made by their salespeople, I suppose this couple may prevail in receiving some compensation.

http://registerguard.com/rg/news/loc...ailer.html.csp

Bottom line for buyers is this: Do NOT rely on what you are told by salespeople! It is not at all uncommon for salespeople to make statements that are incorrect, if not outrageously so.

You must do your own homework to determine suitability of a given trailer/tow vehicle combination with respect to BOTH towing capacity AND cargo/payload capacity.
__________________

DHart is offline   Reply With Quote
Old 02-21-2016, 11:37 AM   #2
Rivet Master
 
SteveSueMac's Avatar

 
2012 27' Flying Cloud
W , New England
Join Date: Oct 2012
Posts: 7,089
Lawsuit: salesman's statement of trailer suitability

There are a lot of facts we don't know from the story. Was there a specific hitch installed and if so, by whom? Was there a sway control device installed? Which model trailer (there are apparently many within the towing specs of the Dakota and many that exceed the specs) etc.

Moreover, if the dealer HADN'T sold them the trailer, would they have been sued for age discrimination suggesting that the 83-year old might not have been capable of towing this rig?

Lots to figure out here. 😞
__________________

SteveSueMac is online now   Reply With Quote
Old 02-21-2016, 11:52 AM   #3
Rivet Master
 
MrUKToad's Avatar
 
2011 28' International
Chatham , Ontario
Join Date: Dec 2010
Posts: 1,376
Images: 17
Blog Entries: 13
The lawsuit is a real long shot, relying more than anything on the implication that the salesman deliberately duped an old man. Good luck proving that.

Get behind the wheel of any vehicle on the road and you immediately assume responsibility for it, both in safety and in legal terms. Of course you have to make sure you have a suitable combo, but taking professional advice first will go a long way to help you make the right choices.
__________________
Steve; also known as Mr UK Toad

"You can't tow that with that!"

http://toadsoftowedhaul.com
MrUKToad is offline   Reply With Quote
Old 02-21-2016, 12:35 PM   #4
Rivet Master
 
2016 30' International
Scottsdale , Arizona
Join Date: Jul 2010
Posts: 723
Yeah. This issue is not for me (or us) to try to figure out.

Like I said, you've got to do your own homework so you understand and can verify all the details; not take the advice of anyone else, including salespeople. People say a lot of stuff, like they know for sure, that is totally bogus.

And as for the lawsuit, it's a long shot. Though I suppose there could be some sort of out of court settlement. Not for me to worry about, anyway.

I posted this as a reminder to do your own homework and understand all the aspects of matching a tow vehicle to a trailer. Relying on somebody else (whether salespeople or forum members) to figure this out for you is a recipe for disaster.
DHart is offline   Reply With Quote
Old 02-21-2016, 01:15 PM   #5
Rivet Master
 
AWCHIEF's Avatar
 
2006 23' Safari SE
Biloxi , Mississippi
Join Date: Nov 2011
Posts: 8,278
Images: 33
Due diligence and common sense. Use'em if ya got'em.
__________________
MICHAEL

Do you know what a learning experience is? A learning experience is one of those things that says "You know that thing that you just did? Don't do that."
AWCHIEF is offline   Reply With Quote
Old 02-21-2016, 02:31 PM   #6
CLOUDSPLITTER "Tahawus"
 
ROBERT CROSS's Avatar

 
2003 25' Classic
Zanadude Nebula , Milky Way
Join Date: Jun 2007
Posts: 13,880
Images: 1
Thumbs up

And the POINT is oblivious....

Bob
__________________
"We are all here on earth to help others; what on earth the others are here for I don't know."
W. H. Auden


"The hardest thing about Airstreaming, clearing your head and accepting how others feel itís supposed to be done"Ö..
Amanamus


"Tahawus"
ROBERT CROSS is offline   Reply With Quote
Old 02-21-2016, 02:34 PM   #7
4 Rivet Member
 
1990 32' Excella
jonesboro , Arkansas
Join Date: Aug 2002
Posts: 251
We were at bull Shoals St PK in Arkansas. A 2014 tundra pulled in with a 32 ft fifth wheel with 3 slides. Have you ever seen leaf springs with a reverse bend in them. This guy drove 150 mi thru the Ozarks like that. When he unhooked the truck stayed squatted down till he pulled out from under. Moved about 3 ft and the springs rebounded. Rear looked like it jumped 2 ft in the air...shocks and springs bent . truck and trailer still had stickers on them. Connected to trailer and drove from lot to park on first run. Guy was 71 and first truck and trailer. He went totally on advice of salesman at RV dealership.if nothing else read owners manual
joel is offline   Reply With Quote
Old 02-21-2016, 03:41 PM   #8
Rivet Master
 
dkottum's Avatar
 
2012 25' Flying Cloud
Battle Lake , Minnesota
Join Date: Jun 2009
Posts: 7,716
We routinely see all kinds of bad advice from salesmen and forum members to support a decision or theory they have fabricated. Oversized vehicles and undersized vehicles, one as dangerous as the other.

If unsure get the advice of hitching and towing experts who have been in the travel trailer business for years. There are a couple of them who occasionally participate in this forum. There are also members here who have years of Airstream towing experience with a variety of combinations, and some who are newbies or never towed a thing dishing out "surefooted" advice.

It's a minefield of information.
__________________
Doug and Cheryl
2012 FC RB, Michelin 16, ProPride 1400
2016 Ram 1500 Laramie Crew Cab 4X4 Ecodiesel 3.92 axles

The Truth is More Important Than the Facts
dkottum is offline   Reply With Quote
Old 02-21-2016, 04:16 PM   #9
Rivet Master
 
2016 30' International
Scottsdale , Arizona
Join Date: Jul 2010
Posts: 723
Yep... don't trust supposed "experts" which isn't limited to just Airstream forum members and sales people.

The only way to know you're making the right choice is to do you own homework, learn about the various aspects of towing/hitching, determine your own unique requirements (which no one else can fully know, even though they dispense advice anyway) and then make you own conclusion.

Advice from individuals, whether on the subject of towing or any other subject, is highly questionable and often flat-out bad.
DHart is offline   Reply With Quote
Old 02-21-2016, 04:18 PM   #10
Rivet Master
 
2016 30' International
Scottsdale , Arizona
Join Date: Jul 2010
Posts: 723
Quote:
Originally Posted by joel View Post
We were at bull Shoals St PK in Arkansas. A 2014 tundra pulled in with a 32 ft fifth wheel with 3 slides. Have you ever seen leaf springs with a reverse bend in them. This guy drove 150 mi thru the Ozarks like that. When he unhooked the truck stayed squatted down till he pulled out from under. Moved about 3 ft and the springs rebounded. Rear looked like it jumped 2 ft in the air...shocks and springs bent . truck and trailer still had stickers on them. Connected to trailer and drove from lot to park on first run. Guy was 71 and first truck and trailer. He went totally on advice of salesman at RV dealership.if nothing else read owners manual
WoW ! That would be a sight to see. I'm sure such occurrences are remarkably common across the land. A little scary to share the road at times.
DHart is offline   Reply With Quote
Old 02-21-2016, 10:17 PM   #11
4 Rivet Member
 
bono's Avatar
 
Mountain View , California
Join Date: May 2015
Posts: 385
As a foreigner, I guess I will never understand how somebody can sue a salesman for selling something. As OP mentioned, do your homework and be responsible for what you are doing. Use common sense.
bono is offline   Reply With Quote
Old 02-22-2016, 12:19 AM   #12
Rivet Master
 
ROBERTSUNRUS's Avatar

 
2005 25' Safari
Salem , Oregon
Join Date: Mar 2006
Posts: 7,768
Images: 18
Blog Entries: 55
Quote:
Originally Posted by joel View Post
We were at bull Shoals St PK in Arkansas. A 2014 tundra pulled in with a 32 ft fifth wheel with 3 slides. Have you ever seen leaf springs with a reverse bend in them. This guy drove 150 mi thru the Ozarks like that. When he unhooked the truck stayed squatted down till he pulled out from under. Moved about 3 ft and the springs rebounded. Rear looked like it jumped 2 ft in the air...shocks and springs bent . truck and trailer still had stickers on them. Connected to trailer and drove from lot to park on first run. Guy was 71 and first truck and trailer. He went totally on advice of salesman at RV dealership.if nothing else read owners manual

Hi, yes on many Super Duty Ford trucks. Ford used reversed curve leaf springs on their front axles.


You asked.
Attached Thumbnails
Click image for larger version

Name:	a reverse curve.gif
Views:	7924
Size:	117.7 KB
ID:	257652  
__________________
Bob

2005 Safari 25-B
"Le Petit Chateau Argent"
[ Small Silver Castle ]
2000 Navigator / 2014 F-150 Eco-Boost / Equal-i-zer / P-3
YAMAHA 2400 / AIR #12144
ROBERTSUNRUS is offline   Reply With Quote
Old 02-22-2016, 10:50 AM   #13
3 Rivet Member
 
2018 33' Classic
Newport , Pennsylvania
Join Date: Nov 2014
Posts: 236
Buyer Beware

rely on your own jusgement and if not sure hire a professional

earl
EarlM is offline   Reply With Quote
Old 02-22-2016, 11:20 AM   #14
4 Rivet Member
 
B00merang's Avatar
 
2010 20' Flying Cloud
Hailey , Idaho
Join Date: Nov 2014
Posts: 414
agree with all the above.....just wonder how they arrived at the $41 at the end of this huge sum. jon
B00merang is offline   Reply With Quote
Old 02-22-2016, 11:54 AM   #15
2 Rivet Member
 
1968 22' Safari
Tulsa , Oklahoma
Join Date: Oct 2015
Posts: 80
The trial judge also invoked what he accepted as an applicable metaphoric analogy, "that one can buy a 'pig in a poke'," and if you do and "you don't look in the bag, you get the pig that is there and that's all. Nothing additional. Neither does it give you an action in fraud if you decide later that you don't like the pig." Of course, the trial judge may be correct about southern lore, but he errs in applying the frontier allegory as the law of this state. It is another way of describing the long-since discredited common-law doctrine of "caveat emptor " which our high tribunal rejected as early as 1911 in Prescott.
And speaking of pigs, the supreme court of this state that same year handed down Hobbs v. Smith, in which it upheld a judgment on a verdict awarding the buyers of some hogs in a poke, as it were, both compensatory and punitive damages for the fraud and deceit practiced by the seller who had represented that the swine were "in sound health and condition" and that he wanted to sell and deliver them to the plaintiffs at their stockyards in Dover, Oklahoma. Without looking in the "poke," the plaintiffs bought 40 porkers sight unseen in reliance upon the representation of the defendant. Thereafter, the plaintiffs received and paid for 27 of the hogs. Not long after that the plaintiffs noticed the animals appeared to be sick. The plaintiffs had them checked and were informed that the defendant's hogs had cholera. The evidence disclosed that many of them had died of cholera a few days before delivery, and that the defendant knew his hogs were diseased when he sold them to the plaintiffs. The plaintiffs were permitted to recover not only for the loss of the hogs they bought but for some of the plaintiffs' healthy hogs that became infected and died, and for incidental damages arising from infecting other hogs of the plaintiffs, including their care, disposition of dead animals, and renovation of the plaintiffs' premises. The defense, incidentally, was that (1) the hogs were not sick at delivery; and (2) the plaintiffs were experienced dealers in hogs and were able to examine and ascertain whether they were diseased or not before accepting them.
We hold that the clear weight of the evidence is that the defendants were victims of constructive fraud as a result of substantial misrepresentations made by the plaintiffs about the extent of the land they owned and were selling, that the defendants relied on such misrepresentations to their detriment and consequently they are entitled to equitable relief.
Doerr v. Henry, 806 P.2d 669 (Okla.App. Div. 4, 1990).
splyb is offline   Reply With Quote
Old 02-22-2016, 12:13 PM   #16
Rivet Master
 
1996 25' Excella
Tillsonburg , Ontario
Join Date: Aug 2014
Posts: 988
Hate to say it but we have several members who lost their rigs to roll overs and none of them were using under-powered vehicles. Some times experience or lack-there-of is the real issue. Some times it is just circumstance like high winds or other drivers...we don't know very much about this accident,
JCW
JCWDCW is offline   Reply With Quote
Old 02-22-2016, 02:12 PM   #17
Rivet Master
 
Currently Looking...
Gainesville , Florida
Join Date: Jul 2005
Posts: 7,055
Blog Entries: 2
So I guess you don't have to be respnsible for yourself, you can get a lawyer for that.
xrvr is offline   Reply With Quote
Old 02-22-2016, 02:21 PM   #18
Site Team
 
, Minnesota
Join Date: Aug 2003
Posts: 7,318
Images: 59
I drove a WWII 1/4 ton Jeep with a 80 gal water tank and pump for putting out grass fires that had recurve leaf springs.
Not sure it was designed that way, but they never broke.
markdoane is offline   Reply With Quote
Old 02-22-2016, 02:37 PM   #19
3 Rivet Member
 
Urbanologist's Avatar
 
2009 34' Panamerica
2008 22' Safari
Metro Detroit Area & Metro Dallas Area , Michigan & Texas
Join Date: Nov 2011
Posts: 222
Sadly, many ONLY learn by Experience...

Good or bad ones! See 'em everywhere as I've grown (even seen him in the mirror too!). Bet if he now reads the contract, there's most likely a clause discussing ARBITRATION. So, attorneys can advise him to a point. Yes, there aren't total facts for us to glean, as has been said about this in the forum: You can learn a lot of insight - Good people WILLING to teach; however, you're ultimately in charge of fact checking. Sorry for those that think sales people are your friends at ANY point in the sale. In fact, most stores state: If it's not agreed to IN WRITING, and signed by the sales manager, verbal "puffery" means nothing to the deal.
Urbanologist is offline   Reply With Quote
Old 02-22-2016, 03:36 PM   #20
Rivet Master
 
tjdonahoe's Avatar
 
2013 31' Classic
billings , Montana
Join Date: Feb 2010
Posts: 2,432
If you read the whole story, it may have been a small trailer, and the owner should be held responsible instead of blaming someone else.....
__________________

tjdonahoe is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Airstream suitability for my situation jhawkins Airstream Trailer Forums 22 01-17-2013 08:21 AM
Spartan Airstream trailer Vintage 1950 salesman promo trailer eBay Watch Airstreams on eBay 0 02-11-2012 05:20 PM
Need advice from an experienced tow person not truck salesman Airperson Tow Vehicles 70 06-28-2009 06:19 PM
Used car salesman parody... funny Airslide Fun & Games 13 04-23-2009 09:02 AM
Suitability of Chevy El Camino MartyK Tow Vehicles 11 12-10-2007 01:57 AM


Featured Campgrounds

Reviews provided by

Disclaimer:

This website is not affiliated with or endorsed by the Airstream, Inc. or any of its affiliates. Airstream is a registered trademark of Airstream Inc. All rights reserved. Airstream trademark used under license to Social Knowledge LLC.



Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -6. The time now is 05:04 PM.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
×