Blown Engine
#16
This is a product liability or negligence issue. I will assume you did not sign a waiver or a limited liability/warranty document.
If the dealership installed the components, they will probably be liable for secondary damages incurred as a result. Additionally, Infiniti cannot argue under section 402A that the damage to the engine block was a result of the modification because they installed the modification. Further, Infiniti is both the installer, manufacturer (Nissan) and warrantor, which places them in a position of liability.
I find it highly unlikely that an aftermarket exhaust would be responsible for a crack in the engine block. What you are experiencing now is red tape. However, you may need to consult an attorney and review the Uniform Commercial Code Section 402A. Three elements must be established in order to impose strict liability on Infiniti (Nissan):
1. Must be engaged in the business of selling the product that harmed the plaintiff. To the best of my knowledge, Nismo exhausts can be ordered directly through Infiniti’s parts department.
2. Must be in defective condition and/or unreasonable dangerousness.
3. The product was substantially modified by the plaintiff or another party after the sale.
Here is the crux of the matter, IF Infiniti proves that the Nismo exhaust, which they sell through their parts department, was not in defective condition, was installed by Infiniti, and was not modified by the plaintiff after the sale, turns this case into a design defect/warranty issue with regard to the engine block. Frankly, Infiniti has no supporting arguments.
When I had my headers installed at my local Infiniti dealership, there were no additional disclaimers or limited warranty talk whatsoever. Therefore, Infiniti is completely liable for all costs associated with said installation. I know that Belle Tire and some Infiniti dealerships have also discontinued aftermarket installations due to negligence or strict liability law. In fact, Infiniti refused to install my JWT cams. Therefore, I took my vehicle to Nissan.
Spend a hundred bucks and talk to an attorney. He/she will more than likely review the UCC. I can get into the nuts bolts of this matter, but your best served consulting with a local attorney.
If the dealership installed the components, they will probably be liable for secondary damages incurred as a result. Additionally, Infiniti cannot argue under section 402A that the damage to the engine block was a result of the modification because they installed the modification. Further, Infiniti is both the installer, manufacturer (Nissan) and warrantor, which places them in a position of liability.
I find it highly unlikely that an aftermarket exhaust would be responsible for a crack in the engine block. What you are experiencing now is red tape. However, you may need to consult an attorney and review the Uniform Commercial Code Section 402A. Three elements must be established in order to impose strict liability on Infiniti (Nissan):
1. Must be engaged in the business of selling the product that harmed the plaintiff. To the best of my knowledge, Nismo exhausts can be ordered directly through Infiniti’s parts department.
2. Must be in defective condition and/or unreasonable dangerousness.
3. The product was substantially modified by the plaintiff or another party after the sale.
Here is the crux of the matter, IF Infiniti proves that the Nismo exhaust, which they sell through their parts department, was not in defective condition, was installed by Infiniti, and was not modified by the plaintiff after the sale, turns this case into a design defect/warranty issue with regard to the engine block. Frankly, Infiniti has no supporting arguments.
When I had my headers installed at my local Infiniti dealership, there were no additional disclaimers or limited warranty talk whatsoever. Therefore, Infiniti is completely liable for all costs associated with said installation. I know that Belle Tire and some Infiniti dealerships have also discontinued aftermarket installations due to negligence or strict liability law. In fact, Infiniti refused to install my JWT cams. Therefore, I took my vehicle to Nissan.
Spend a hundred bucks and talk to an attorney. He/she will more than likely review the UCC. I can get into the nuts bolts of this matter, but your best served consulting with a local attorney.
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Freeman186
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09-06-2023 10:07 AM