In this age of constant upgrades and accelerating technology, it is no longer enough that the emptor simply caveat. Hidden faults lying dormant in a new car or other big-ticket purchase can ambush even the savviest shopper. Luckily, there are laws in place to protect those caught in such circumstances, and Louisiana residents may have access to even more ways to protect their rights as consumers.
Law firms such as the Nordgren Law Firm, LLC specialize in redhibition law, helping to guide troubled buyers through the complexities of seeking compensation for product defects. Redhibition is a provision of the Louisiana legal code, an implicit warranty inherent in any sale in the state that protects consumers from deficiencies of which they were unaware but which may have prevented them from buying an item.
“Many people know about ‘lemon laws,’” explains Drew Nordgren, Baton Rouge attorney. “This is a more consumer-friendly version, one that specifically applies to purchases in Louisiana.”
Whereas a “lemon law” places an obligation of a certain number of repair attempts or cumulative total days of work (90 under current laws) on the buyer to prove a claim, redhibition merely requires a reasonable attempt to repair the issue with the seller and/or manufacturer. If the claim is upheld, the claimant may be entitled to a reversal of the sale or, if the case is less severe, a partial repayment.
This is where Nordgren has a distinct advantage over out-of-state attorneys, who may advertise in the area but have no substantial grasp on redhibition law or how it can best serve a client’s interests. Nordgren has built a reputation for giving members of his community a voice through automotive litigation. Though he also deals with cases involving other types of vehicles, such as motor homes, boats, and tractors, the bulk of his redhibition work centers on the wheeled investment households tend to rely on most: cars.
“Cars aren’t quite like the straightforward machines they used to be,” says Nordgren. “More and more they’re essentially big, complex computers.” Because of this, it’s harder for the ordinary buyer to foresee every possible deviation in the system; they must rely on experts such as the manufacturers and sellers to make sure the vehicle is free of operational flaws.
It was the plight of a family friend with a newly-bought Jeep that attracted Nordgren, who returned to his hometown of Baton Rouge after college in Washington, D.C. and a stint on Capitol Hill, to redhibition law. Much to the driver’s alarm, she found her brand-new, top-of-the-line vehicle inexplicably shutting off while operating-a condition severe enough to qualify for a manufacturer buyback under redhibition. After assisting in this case and seeing it to a satisfactory verdict, Nordgren began to hone his practice in this direction, helping clients realize beneficial results more and more efficiently.
A wide spectrum of problems can fall under redhibition, not all of which a buyer can possibly check before driving off the lot. Even defects that don’t render a vehicle unusable, but would have prevented the sale from going through, are liable. One of Nordgren’s plaintiffs, for instance, found water spewing into the cab of his truck every time it rained. Technically the vehicle was still operational, but the odds that he would have spent the same $76,000 on a truck he knew flooded every time a storm passed through South Louisiana were slim to none.
You don’t have to be an expert in redhibition to take steps to protect your rights. Any car (or boat, tractor, etc.) owner should make sure to have thorough documentation of repair history, including repair orders and whether a flaw was covered under warranty. If a problem is not resolved with a reasonable repair attempt, forgo trying to settle the issue with the manufacturer directly and consult a knowledgeable attorney who can more productively analyze your claim.
Understanding how drawn-out suits in these cases can negatively affect lives, Drew Nordgren works to achieve a resolution with the maker or responsible party and provide the most helpful outcomes for his clients.
“A new car is not just one of the most expensive purchases a family makes, it’s one that impacts day to day routines,” Nordgren says. “If something goes wrong, the problem needs to be fixed, and the consumer is entitled to the relief provided under our redhibition laws. That’s what we do.”
Nordgren Law Firm
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