4 comments on “Saounds like BMW and Corbin are in for a “hard time” on this one…

  1. glad i live in Canada where people take responsibility for their own actions and don’t try cashing in on the lawsuit lottery

  2. I’m an attorney and I only do litigation matters.

    My take is that, at best, the plaintiff will have a hard time keeping BMW in the suit unless the Corbin saddle is carried as a BMW part. Otherwise BMW isn’t in privity of contract with the Plaintiff. The Plaintiff can sue Corbin and the dealer, but not BMW which had nothing to do with the sale.

    There was a similar case once where a user sued Apple because using the standard Apple computer keyboard caused her to develop repetitive stress problems. Apple simply showed that the keyboard was very similar to all others, that the Plaintiff knew what type of keyboard it was at the time of sale, and that the Plaintiff at any time could have gone for an alternate ergonomic keyboard. Apple won.

    Unless the Plaintiff can prove that others had a similar problem caused by Corbin saddles, and that Corbin knew or should have known that their saddle design caused such problems, I doubt that this suit has much of a chance.

    Based on what we have heard from the media, this doesn’t sound like a meritorious lawsuit. However, I’ve seen lots of lawsuits that sound like they have no merit based on what the press has had to say, but later I found out that there were facts that the press had left out, or lied about. So it’s best to reserve judgement on such suits until they are resolved to see what the suit was really about.

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