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Law Suit for headlight theft

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Old 05-19-2004, 01:13 PM
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Law Suit for headlight theft

today in the mail i received a letter stating that there is a lawsuit going on against Nissan North America for the headlight theft

anyone else get this??

-J
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Old 05-19-2004, 01:17 PM
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yup.... a few weeks ago
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Old 05-19-2004, 01:31 PM
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No, I haven't recieved it. Can you post the letter??
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Old 05-19-2004, 01:46 PM
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Yea, please post. Does this apply to us in Chicago? My dealer didn't even know there was an anti-theft kit available for the headlights!
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Old 05-19-2004, 01:51 PM
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not this crap again
this will NEVER be won!!!!!
reason -
YOU CAN NOT SUE NISSAN BECAUSE THEY DESIGNED A GOOD HEADLIGHT THAT STUPID THIEFS DECIDE TO STEAL.
JUST LIKE I CANT SUE DELL IF SOMEONE STEALS MY COMPUTER


its as stupid as me suing coors because my dumb @ss son drank it and then drove, crashed, and died.

and no it isnt even nissan's fault that they arent "properly secured". they are secured like every other headlight. how could nissan perdict that people would steal them to supply the demand for all the people buying them. and no they arent responsible for "realizing the problem and fixing it" on a car you own. its your car now, YOU SECURE YOUR OWN PROPERTY!!

sue the people that stole HIDs
sue the people buying your stolen HIDs
get diffirent headlights

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Old 05-19-2004, 01:54 PM
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^^^^ not this guy again....chill out man.....this wasnt my deciison to sue

they sent me a letter i send back what they need and maybe ill get some money back ...who knows....

your jsut being stupid

-J
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Old 05-19-2004, 01:55 PM
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Originally Posted by soonerfan
not this crap again
this will NEVER be won!!!!!
reason -
YOU CAN NOT SUE NISSAN BECAUSE THEY DESIGNED A GOOD HEADLIGHT THAT STUPID THIEFS DECIDE TO STEAL.
JUST LIKE I CANT SUE DELL IF SOMEONE STEALS MY COMPUTER


its as stupid as me suing coors because my dumb @ss son drank it and then drove, crashed, and died.

and no it isnt even nissan's fault that they arent "properly secured". they are secured like every other headlight. how could nissan perdict that people would steal them to supply the demand for all the people buying them. and no they arent responsible for "realizing the problem and fixing it" on a car you own. its your car now, YOU SECURE YOUR OWN PROPERTY!!

sue the people that stole HIDs
sue the people buying your stolen HIDs
get diffirent headlights

Dude...I'm sure no one wants to discuss 'wether they'll win or not' crap.....again
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Old 05-19-2004, 01:59 PM
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Originally Posted by 2k2whitemaxi
^^^^ not this guy again....chill out man.....this wasnt my deciison to sue

they sent me a letter i send back what they need and maybe ill get some money back ...who knows....

your jsut being stupid

-J

John you have to understand that the man is very sensitive to the subject since he's a law student and has had his HID's stolen numerous times
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Old 05-19-2004, 02:38 PM
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Originally Posted by 2k2whitemaxi
^^^^ not this guy again....chill out man.....this wasnt my deciison to sue

they sent me a letter i send back what they need and maybe ill get some money back ...who knows....

your jsut being stupid

-J
its just that this comes up all the time. people wanting to sue nissan cause they got their HIDs stolen. i agree it sucks but it isnt nissans fault. and class action law suits are for lawyers. it will take 10 years and you wont even have your car then.
and honestly i hope you get some money but i dont see it happening
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Old 05-19-2004, 02:54 PM
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Originally Posted by soonerfan
not this crap again
this will NEVER be won!!!!!
reason -
YOU CAN NOT SUE NISSAN BECAUSE THEY DESIGNED A GOOD HEADLIGHT THAT STUPID THIEFS DECIDE TO STEAL.
JUST LIKE I CANT SUE DELL IF SOMEONE STEALS MY COMPUTER


its as stupid as me suing coors because my dumb @ss son drank it and then drove, crashed, and died.

and no it isnt even nissan's fault that they arent "properly secured". they are secured like every other headlight. how could nissan perdict that people would steal them to supply the demand for all the people buying them. and no they arent responsible for "realizing the problem and fixing it" on a car you own. its your car now, YOU SECURE YOUR OWN PROPERTY!!

sue the people that stole HIDs
sue the people buying your stolen HIDs
get diffirent headlights

Calm down man. You bring up some good points, but I noticed you don't even own a max with HIDS. Just let us 2k2/2k3 owners at least have the illusion that something can be done.
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Old 05-19-2004, 03:08 PM
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No more than you could sue Cadillac for teenagers stealing your hood ornaments every week to hang on their necklaces.
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Old 05-19-2004, 03:14 PM
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I got the same letter also today, I am sending it abck tomorrow, they ask for a lot of stuff back.
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Old 05-19-2004, 03:56 PM
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Originally Posted by GuZo
I got the same letter also today, I am sending it abck tomorrow, they ask for a lot of stuff back.
what up guzo??

yeah man i have ALOT of paper work to send them haha
-J
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Old 05-19-2004, 04:18 PM
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Originally Posted by soonerfan
and no it isnt even nissan's fault that they arent "properly secured". they are secured like every other headlight. how could nissan perdict that people would steal them to supply the demand for all the people buying them. and no they arent responsible for "realizing the problem and fixing it" on a car you own. its your car now, YOU SECURE YOUR OWN PROPERTY!!

sue the people that stole HIDs
sue the people buying your stolen HIDs
get diffirent headlights



They are NOT "secured like every other headlight".

You don't see every other headlight from any car equipped with HIDs being stolen 3-5 times, do you?



Bottom line is you cannot snap out any regular headlight from most other cars with the so little effort like on 5th gen Maximas.


And are you a lawyer? How well are you acquainted with law? How do you know it won't be won? If it's such a frivolous lawsuit, it wouldn't be bothered with. I think it won't do anything but at least it will let manufacturers in the future know not to mess around and not securing expensive *** parts when they can go the distance to do so. They are in the business of making cars, they should have been less careless. A typical consumer has no idea that his cars expensive headlights can be removed within 45 seconds and there is nothing that can be done about it.

Now owners are suffering from expensive insurance rates, expensive repair costs, poor resale values, being scared to leave their car anywhere.. Nissan has more responsibility for this than anyone else except the theives. Infact, Nissan is cashing in on this aswell, they are selling a pair of headlights with HIDs for $1200+.. You have any idea how many people get them stolen in NYC/NJ? Probably 70% if not more, and some 4-5 times each. If it wasn't for this problem i would own a 2002 already. I have a 2000 and i still had my headlights stolen.

Bottom line is that it's very arguable that Nissan is guilty of negligence.
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Old 05-19-2004, 04:46 PM
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Originally Posted by NYCe MaXiMa
Bottom line is that it's very arguable that Nissan is guilty of negligence.

I agree, it's a case of negligence.

In order to win a tort case like this, they will have to prove that Nissan failed to exercise the level of care (properly securing HIDs) that a reasonable car manufacturer, knowing that HIDs would be high theft, would have exercised under the same circumstances.

Personally, I think this case is going to all come down to whether Nissan knew HIDs were or would become a theft target. Obvioulsy they failed to excercise the level of care a reasonable car manufacturer would have taken if the KNEW HIDs would become theft targets.

But would have Nissan known that HIDs would become high theft items? Was HID theft a problem before 2k2? yep.

Hopefully a good solution comes out of the suit that actually helps us instead of making the trial sharks richer.
like:
Stop over charging for replacements or subsidize the excessive costs. If these were cheap enough, it wouldn't make economic sense to steal them.
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Old 05-19-2004, 04:47 PM
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Originally Posted by paralyse
No more than you could sue Cadillac for teenagers stealing your hood ornaments every week to hang on their necklaces.
Hood ornaments dont cost 1500 to replace. Lets not get into the damage they cause. Also when was the last time an insurance company raised their rates or even dropped someone for having hood ornaments stolen.


They are NOT "secured like every other headlight".

You don't see every other headlight from any car equipped with HIDs being stolen 3-5 times, do you?

Bottom line is you cannot snap out any regular headlight from most other cars with the so little effort like on 5th gen Maximas.

And are you a lawyer? How well are you acquainted with law? How do you know it won't be won? If it's such a frivolous lawsuit, it wouldn't be bothered with. I think it won't do anything but at least it will let manufacturers in the future know not to mess around and not securing expensive *** parts when they can go the distance to do so. They are in the business of making cars, they should have been less careless. A typical consumer has no idea that his cars expensive headlights can be removed within 45 seconds and there is nothing that can be done about it.

Now owners are suffering from expensive insurance rates, expensive repair costs, poor resale values, being scared to leave their car anywhere.. Nissan has more responsibility for this than anyone else except the theives. Infact, Nissan is cashing in on this aswell, they are selling a pair of headlights with HIDs for $1200+.. You have any idea how many people get them stolen in NYC/NJ? Probably 70% if not more, and some 4-5 times each. If it wasn't for this problem i would own a 2002 already. I have a 2000 and i still had my headlights stolen.

Bottom line is that it's very arguable that Nissan is guilty of negligence.

Last edited by NYCe MaXiMa on 05-19-2004 at 06:21 PM.
I agree 110%. The lights in my old 93 explorer were secured 10,000 times better.
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Old 05-20-2004, 12:47 AM
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The headlight issue is whats keeping me from doing the 2k2 hid conversion, since ive wanted the angel eye setup they offered for the past 2 years .
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Old 05-20-2004, 06:08 AM
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Originally Posted by soonerfan
not this crap again
this will NEVER be won!!!!!
reason -
YOU CAN NOT SUE NISSAN BECAUSE THEY DESIGNED A GOOD HEADLIGHT THAT STUPID THIEFS DECIDE TO STEAL.
JUST LIKE I CANT SUE DELL IF SOMEONE STEALS MY COMPUTER


its as stupid as me suing coors because my dumb @ss son drank it and then drove, crashed, and died.

and no it isnt even nissan's fault that they arent "properly secured". they are secured like every other headlight. how could nissan perdict that people would steal them to supply the demand for all the people buying them. and no they arent responsible for "realizing the problem and fixing it" on a car you own. its your car now, YOU SECURE YOUR OWN PROPERTY!!

sue the people that stole HIDs
sue the people buying your stolen HIDs
get diffirent headlights

u don't kno what ur talking about....
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Old 05-20-2004, 06:31 AM
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Originally Posted by skandalouz
u don't kno what ur talking about....
but i guess you do...so im very sorry

good luck with that lawsuit
lemme know how it goes (if either of us are still around in 2014)
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Old 05-20-2004, 06:35 AM
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Another pointless lawsuit that will be lost.
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Old 05-20-2004, 06:53 AM
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Originally Posted by 6spmax
Another pointless lawsuit that will be lost.
im trying to tell them!
and if it actually wins.......DAM US LEGAL SYSTEM
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Old 05-20-2004, 10:06 AM
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Originally Posted by soonerfan
im trying to tell them!
and if it actually wins.......DAM US LEGAL SYSTEM

Hey soonerfan, is your last name Nissan? Good lord, the way you get rabid at the thought of Nissan getting sued, you'd think YOU were the one being sued.

Here's how easy it will be to show Nissan was negligent. It would involve some simple statistics. Show a jury what % of stolen HIDs came from Maximas. I can guarantee you that Maximas will show a statistically significant higher %. That alone will prove they were negligent. Nissan DESERVES to lose. They screwed up.
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Old 05-20-2004, 10:21 AM
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Well, whether or not the case is won by the class that have had headlights stolen, come on. Nissan will offer a $500 off your next NISSAN car purchase coupon to members of the class, and the plaintiffs lawyers will get 2 or 3 million bucks.

Big Deal. Who cares. Class actions just make lawyers rich and companies pay. The 'injured people' never get anything.
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Old 05-20-2004, 10:30 AM
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Originally Posted by itdood
Hey soonerfan, is your last name Nissan? Good lord, the way you get rabid at the thought of Nissan getting sued, you'd think YOU were the one being sued.

Here's how easy it will be to show Nissan was negligent. It would involve some simple statistics. Show a jury what % of stolen HIDs came from Maximas. I can guarantee you that Maximas will show a statistically significant higher %. That alone will prove they were negligent. Nissan DESERVES to lose. They screwed up.
no, i just HATE stupid lawsuits that attempt to place the blame on the wrong person. if you spill coffee in your lap that is YOUR fault
before you bring up "simple stats", give me the total number of stolen HIDs. do you have them? pretty sure you dont so that argument is stupid.
and ever if highest % of stolen HIDs are from maxima, stats can always be bent a certain way. nissan covers their butts with good lawyers for stupid lawsuits like this. and they can turn it right back around.
what nissan could say -
highest % of HID theft was from maxima for these reasons
- there were simply more maximas in the area in which they were stolen
- our HIDs are superior which increases the demand

both are perfectly probable and NONE shows nissans negligence
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Old 05-20-2004, 10:31 AM
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Since is hasnt happened to me , I dont feel any need to be part of that lawsuit. Especially seeing as Nissan made HIDs (a component typically equipped on high end makes) standard equipment for a $27,000 car. At least Nissan attempted to make the 5G Maxima somewhat upscale (i.e.: HIDS, Navi, Bose w/subwfr, gated shifter, 17" whl pkg); Honda still doesnt offer these options in the 7G Accord unless you opt for the TL.

So no harm, no foul......so far!
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Old 05-20-2004, 10:34 AM
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Originally Posted by F23A4
Since is hasnt happened to me , I dont feel any need to be part of that lawsuit. Especially seeing as Nissan made HIDs (a component typically equipped on high end makes) standard equipment for a $27,000 car. At least Nissan attempted to make the 5G Maxima somewhat upscale (i.e.: HIDS, Navi, Bose w/subwfr, gated shifter, 17" whl pkg); Honda still doesnt offer these options in the 7G Accord unless you opt for the TL.

So no harm, no foul......so far!
well you see, its nissans fault for making HIDs a standard feature on a $27K car. how dare they provide us a good product!!!
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Old 05-20-2004, 10:48 AM
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Instead of all of this drivel about the chances for anything meaningful comming out of this .... how about the original request to post the letter .... at least there would be some interesting information.

Mr. P
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Old 05-20-2004, 10:56 AM
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Originally Posted by itdood
Hey soonerfan, is your last name Nissan? Good lord, the way you get rabid at the thought of Nissan getting sued, you'd think YOU were the one being sued.

Here's how easy it will be to show Nissan was negligent. It would involve some simple statistics. Show a jury what % of stolen HIDs came from Maximas. I can guarantee you that Maximas will show a statistically significant higher %. That alone will prove they were negligent. Nissan DESERVES to lose. They screwed up.
So by that logic, Honda is negligent because the Accord is the most stolen car. Gimme a break!
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Old 05-20-2004, 11:14 AM
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Originally Posted by F23A4
Since is hasnt happened to me , I dont feel any need to be part of that lawsuit. Especially seeing as Nissan made HIDs (a component typically equipped on high end makes) standard equipment for a $27,000 car. At least Nissan attempted to make the 5G Maxima somewhat upscale (i.e.: HIDS, Navi, Bose w/subwfr, gated shifter, 17" whl pkg); Honda still doesnt offer these options in the 7G Accord unless you opt for the TL.

So no harm, no foul......so far!
Nissan had to start moving the Max Upscale in 2002 due to the 2002 Altima 3.5 SE, they had to add these features to clearly seperate them. Plus the Max has never really been a direct competitor to Accord and has always had more features than the Accord (max has been that niche car). Especially from 85-9. 7
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Old 05-20-2004, 11:27 AM
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Originally Posted by soonerfan
no, i just HATE stupid lawsuits that attempt to place the blame on the wrong person. if you spill coffee in your lap that is YOUR fault
before you bring up "simple stats", give me the total number of stolen HIDs. do you have them? pretty sure you dont so that argument is stupid.
and ever if highest % of stolen HIDs are from maxima, stats can always be bent a certain way. nissan covers their butts with good lawyers for stupid lawsuits like this. and they can turn it right back around.
what nissan could say -
highest % of HID theft was from maxima for these reasons
- there were simply more maximas in the area in which they were stolen
- our HIDs are superior which increases the demand

both are perfectly probable and NONE shows nissans negligence
the lady who spilled coffee on herself sued mcdonalds........... and WON.... spilling the coffee was her fault, but the fact that mcdonalds coffee was too hot was their fault, and they ended up paying millions............
now im not saying this Nissan suit can be won, but i dont believe that it is a lost cause completely.... and i don't see why people who arent even part of the lawsuit are being so pessimistic about it.......... if it's not gonna cost the parties anything, then why not try it....
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Old 05-20-2004, 12:01 PM
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Originally Posted by 6spmax
So by that logic, Honda is negligent because the Accord is the most stolen car. Gimme a break!

I said statistically SIGNIFICANT. You just can't look at averages and %. There are ways in stats to show just how significant variations can be and these stats are often used in law suits. I know because I've done analysis work for a few lawsuits (drug side effects), which is a very similar form of negligence.

Your Accord anlaogy is useless because Honda followed acceptable design practices in securing the cars that can be compared to what other manufacturers are doing. I don't think the same can be said for the way Nissan mounted the HIDs.

Maxima HID theft is statistically higher because of the ease with which they can be removed.

Any decent lawyer will have no problem tying the higher maxima HID thefts to poor design in mounting the lights. That's what negligence is.

What's really going to hurt Nissan here is that they took action, they actually are doing a regional recall to properly secure the HIDs. That was like admitting fault. I know it sucks to punish them for something that was a positive step, but I've seen it done in other lawsuits. The Data DOt recall is going to hurt them here.

Does the max have a higher theft rate? YES
Did Nissan drop the ball in properly securing them? YES

They're going to lose.

I just hope that a decent solution comes out of it, which I doubt.

.
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Old 05-20-2004, 12:04 PM
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Originally Posted by MONTE 01&97 SE
Nissan had to start moving the Max Upscale in 2002 due to the 2002 Altima 3.5 SE, they had to add these features to clearly seperate them. Plus the Max has never really been a direct competitor to Accord and has always had more features than the Accord (max has been that niche car). Especially from 85-9. 7

The only major feature the 5.5G had over the Alti 3.5SE was the Navi feature; Bose, gated shifter, and 17" wheel pkg were available as options on the 3.5SE. (Not to mention it has independent suspension.)

Honda began their repositioning of the Accord in 1995 with the C27 5G Accord V6. By late 90s (i.e.: 1998):

Accord J30A = Camry V6 = 4G Maxima
Accord F23A = Camry 4cyl = Altima KA24DE

Honda had to play catchup mainly with the Camry V6 but, admittedly to a much lesser extent the Maxima.

Peace
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Old 05-20-2004, 12:08 PM
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Originally Posted by soonerfan
what nissan could say -
highest % of HID theft was from maxima for these reasons
- there were simply more maximas in the area in which they were stolen
- our HIDs are superior which increases the demand

both are perfectly probable and NONE shows nissans negligence
They could try to argue that, but it would be easy to counter those.

The reason Max HIDs are so popular theft wise is because you can disable the alarm, break into the hood, and remove the headlights in under 60 seconds and you don't even need sophisticated tools to do it.


We all know that. Now they just have to prove it to a jury which I think is entirely possible.
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Old 05-20-2004, 12:46 PM
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Let go back to the original request. Can anyone post or tell us where we can find a copy of the letter?
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Old 05-20-2004, 12:57 PM
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Originally Posted by MannyNJ2k2max
John you have to understand that the man is very sensitive to the subject since he's a law student and has had his HID's stolen numerous times
I am also a law student and mine have been stolen several times.

Truth is, as class action or not the person bringing the suit (be it dealers for the hassle of replacements [longer waits] and body work or private indivisuals for being penalized by insurance or constant expensive repairs) has alot of very sound claims against nissan. (Just FYI, economic loss is not a tort)
However at the same time Nissan has decent defenses too.

How does this help people who's cars are vandalized exactly? They won't stop being stolen just beacuse there is a lawsuit. It will bring more publicity to them being stolen and their ease. So because you bought a car that is a target, again, how are you helped by the lawsuit? If the owners win, unless you are a member of the suit you aren't getting anything from Nissan.

Seth
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Old 05-20-2004, 01:29 PM
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Originally Posted by itdood
I said statistically SIGNIFICANT. You just can't look at averages and %. There are ways in stats to show just how significant variations can be and these stats are often used in law suits. I know because I've done analysis work for a few lawsuits (drug side effects), which is a very similar form of negligence.

Your Accord anlaogy is useless because Honda followed acceptable design practices in securing the cars that can be compared to what other manufacturers are doing. I don't think the same can be said for the way Nissan mounted the HIDs.

Maxima HID theft is statistically higher because of the ease with which they can be removed.

Any decent lawyer will have no problem tying the higher maxima HID thefts to poor design in mounting the lights. That's what negligence is.

What's really going to hurt Nissan here is that they took action, they actually are doing a regional recall to properly secure the HIDs. That was like admitting fault. I know it sucks to punish them for something that was a positive step, but I've seen it done in other lawsuits. The Data DOt recall is going to hurt them here.

Does the max have a higher theft rate? YES
Did Nissan drop the ball in properly securing them? YES

They're going to lose.

I just hope that a decent solution comes out of it, which I doubt.

.
The Data Dot point you make is also useless. There is absolutely no admission of a design failure by them issuing the Data Dot fix-Nissan wouldn't be that stupid. Nissan was only trying to slow the rate of theft of the HIDs and (from a political point of view), show that they 'cared' enough to address the problem. There is no case here and even if there is, the lawyers will be the only winners. How was Nissan supposed to know that the HIDs would be such a high theft item?

Again Honda and their customers(past, present, and future) have known for years the Accord was a high theft item and probably will continue to be a high theft item, yet people continue to buy them in droves knowing this, and I have yet to hear of class-action lawsuit addressing this problem. A problem, by the way, that ends up costing all of us FAR MORE than the HID theft on 02-03 Maximas will ever cost us.

The ones to blame are the HID THIEVES! And since law enforcement is too incompetent to catch them, the state officials, in an attempt to justify their paychecks, are going after a much bigger target-Nissan.
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Old 05-20-2004, 01:32 PM
  #37  
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Originally Posted by itdood
They could try to argue that, but it would be easy to counter those.

The reason Max HIDs are so popular theft wise is because you can disable the alarm, break into the hood, and remove the headlights in under 60 seconds and you don't even need sophisticated tools to do it.


We all know that. Now they just have to prove it to a jury which I think is entirely possible.
there is no jury in a class-action law suit.
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Old 05-20-2004, 01:47 PM
  #38  
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by the way this is the actual allegation of the lawsuit -

A class action lawsuit has been filed against Nissan on behalf of 2002 and 2003 Maxima owners. The suit alleges that the company hid the fact that the headlights on the cars were easy to steal and could be removed in under a minute using an ordinary screwdriver.

how does nissan "hide" that? did anyone think to ask "are these easy to steal?"

bottom line, it is the BUYERS responsibility to check everything. should i sue the dealership i bought my car from because they didnt tell me that my power steering pump might go out in a few months? they didnt know that. and if they had, how is it their fault. people bought the car. it is your car now. if you didnt think that your HIDs were easy to steal, how is that nissans fault?
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Old 05-20-2004, 01:50 PM
  #39  
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That would be a close civil procedure game in terms of the wording of the plea. There would be several motions to amend I'm sure.

However, a defect in the car is a warranty claim, and this is different.

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Old 05-20-2004, 04:09 PM
  #40  
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Maybe we could sue Nissan because the brake rotors are constantly warping and MAFs keep going out. They've certainly known about those things for a long time.
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