Our California lemon law protects owners of motorhomes against getting a “lemon”. The consumers rights in a motorhome lemon law case are similar to that of an automobile lemon law case. Below is a true account of a frustrated motorhome owner who’s new $200,000 motorhome was literally making his wife sick.
After speaking with different lemon law firms, a couple called our firm about their new motorhome. The husband said they could not use it, as with every trip his wife would smell a strange odor and get very ill. Mr. McGee asked the couple if they would be willing to bring the motorhome to our San Diego office, wherein the firms auto expert, Randy Sottile, could take a look at it. The couple agreed and a few days later showed up in their shiny new motorhome into the firms parking lot.
Mr. McGee met the couple in his office and discussed their concerns. Then Randy Sottile met the couple, went to the parking lot and toured their new motorcoach – and what a beautiful coach it was! Rich, dark walnut paneled wood walls and cabinets made this motorhome a sight to behold – but it’s wood held a sickening secret…
Randy Sottile said to the couple “please don’t tell me where it’s coming from, let me locate it myself”. Mr. Sottile walked the length of their coach front-to-back, back-to-front. As he returned towards the front, he stopped right in front of the angled kitchen sink. He said “is this where you smell the odor that’s making you sick?”. The wife replied “yes, that’s exactly where I smell it and get sick, when I’m doing the dishes”.
Randy Sottile then had the clients take their motorhome, and said he would confer with Mr. McGee, and Mr. McGee would get back with them.
Mr. Sottile explained to Mr. McGee that the culprit that was making the wife sick was Formaldehyde. Formaldehyde is a colorless gas with a strong, suffocating odor. It often is mixed with alcohol to make a liquid called formalin. It’s used in plywood, particle board, MDF and other pressed-wood products. It is used in the production of resins that act as a glue in the manufacture of various pressed-wood products. Mr. Sottile went on to explain to Mr. McGee that the plywood interior paneling on this couples motorhome had a high concentration of Formadehyde, and that its presence presented a serious health concern. The National Toxicology Program named Formadehyde “as a known human carcinogen”. Mr. Sottile suggested to Mr. McGee that the motorhome be replaced with another new coach that did not have wood secreting Formadehyde. Mr. McGee settled the case with the motorhome manufacturer with a new replacement coach for the couple as the resolution.
The California lemon law deals with warranty defects that “substantially impair the use of safety…”. This motorhome case exemplified the “safety” aspect. After all, who would want to vacation in a motorhome that was emitting Formadehyde gas?
The Law Offices of William R. McGee has been pursing motorhome cases on behalf of California consumers for 29 years. You can take advantage of Mr. McGee’s 29 years of motorhome, car, SUV, truck & van experience by calling his office at 1-800-225-3666 from anywhere in California. www.CaliforniaLemonLawAttorneys.com
“Lemon Law Bytes” is Copyright 2/1/2019 The Law Offices of William R. McGee, APLC
Disclaimer: all Lemon Law Bytes articles are for informational purposes only. None of the content should be construed or assumed to be legal advice. If you desire legal advice on your or newer vehicle, please call us to speak with one of our attorneys.