Warranty and Lemon Law
RKC’s warranty team has represented manufacturers of automobiles, motor home components, boats, marine engines, personal watercraft, and a large variety of other consumer and commercial products in cases involving breach of warranty claims under Florida’s Common Law, the Uniform Commercial Code as well as the Federal Magnuson-Moss Act and Florida’s Lemon Law.
Our warranty practice group has had a number of successes at trial and has successfully litigated the Magnuson-Moss Act “right to cure” in front of judges and jurors. RKC was also at the forefront of an ongoing battle over whether consumers could require manufacturers to pay their attorneys’ fees incurred in lemon law arbitrations. See (GM v. Sanchez, 16 So. 3d 883 (Fla. 3d DCA 2009), Case v. GM, 19 So. 3d 1058 (Fla. 1st DCA 2009), and GM v. Bowie, 58 So. 3d 934 (Fla. 4th DCA 2011))
In addition to obtaining three published decisions in favor of our client, our warranty team has twice successfully appeared as amicus curiae counsel on behalf of the Alliance of Automobile Motor Manufacturers on this issue.
We recognize that not every case is a trial candidate and its clients need to focus their defense dollars, especially in the current economic climate. Accordingly, RKC employs a strategy of early case evaluation. Through early evaluation and planning, RKC’s clients are able to winnow the cases so that they allocate their resources to those cases that merit an aggressive defense and trial, if necessary.
In addition to providing an aggressive defense for the warranty cases which merit defense and helping its clients efficiently resolve the warranty claims which should be resolved, RKC’s warranty practice group helps its clients further reduce their defense costs by developing strategies for recognizing potential warranty disputes and preventing them from becoming lawsuits.