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Originally Posted by wheelgun28
This would be a civil matter, its a property dispute. They didnt take it from you, you gave it to them. Much the same as a dry cleaner that wont give you back your jacket. You cannot have the police arrest the local dry cleaner.
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Correct, that's exactly what I said.
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Originally Posted by wheelgun28
IMHO, this is somewhat true, they would be seen as an expert. How ever they cannot refuse to give back your car, nor offer you a nominal sum for it. If you want your car back, you can make a big fuss. They can how ever make you sign waviers, and other such things. This would prove that you knew the condition of things and the dangers involved. IE a paper trail of liability.
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Theoretically, the gun maker could send you legal papers to sign and then later return the gun. However, they can't if they actually believe the gun is defective in a way it could likely cause injury and believe it can NOT be repaired. In the case of the car with bad brake rotors, the repair shop can claim that it's possible that somebody could find some good rotors on a junk car and restore safe performance. BUT: if the gun has a cracked frame, cylinder etc or any defect that can cause catastrophic failure, they can NOT release it because that is not a "repair". It essentially requires rebuilding the whole thing.
Quote:
Originally Posted by wheelgun28
id say less danger than a car. A gun cant run into a school bus full of kids, or other such things.
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But it can blow up in your face. I agree, a car can do more harm because of larger mass and car manufacturers must quickly fix defects found because of it.
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Originally Posted by wheelgun28
yes or the manufacture pulls out signed forms saying that Mr X knew that this was defective and despite our warnings and misgivings he wanted this back. .
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In truth, such forms don't really protect the maker who is judged to have superior knowledge. In many cases the idiot will claim he could not understand what he was signing away and the juries award money to the fool. Not fair, but true. But, in the case of a car, it's the best they can do if they see a dangerous condition.
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Originally Posted by wheelgun28
I happen to work in an industry with lots of old machinery. Sometimes you find one that OSHA has found to be unsafe by design. Meaning that not matter what you add to it safety wise its still unsafe. If the manufacturer is still around and they find out who has it they will send a certified letter to the owner. They explain that its unsafe and they must stop using it. They dont offer any money or anything else. Also with things like machine tools and forklifts, if the item is scrapped. And for what ever reason it winds up back in service someplace. The prior owner still has a liability. So if you scrap something like that you need to make it permanently inoperable. Liability is a funny thing sometime...
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Yep, and deep pockets always end up biting the manufacturer even if they are judged to only have 1% of the liability. They still pay the whole judgement because nobody else involved has any money.... and because idiots on juries always assume the companies have insurance so it doesn't "hurt" them to get hit with massive fines.