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If someone were to put together a class action against Honda for the cost of replacing the defective windshields with windshields that do not crack from pebbles and then spread for several inches, is there anyone that would want to participate as a class representative?
 

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I think you would have a rather high burden of proof to demonstrate that:

(1) the design, manufacture or installation of the windshield is inherently defective
and

(2) that as you claim mere pebbles can crack the windshield - that's a road condition that varies wildly in circumstances
 

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Lets see if I can keep this quick:

Parked my E at work 8:30 AM Monday, ... no crack. Came out to go to lunch around noon, ... 7-8 inch crack had appeared.

I couldn't see or feel any chips in (or near) the crack, so I took it to the closest Honda Service Center. Manager there said she could see a chip (even though I couldn't), and she wasn't going to fix it.

Went home that night, bitched to a bunch of neighbors, none of whom could see/feel any chip.

Called Honda's 1-800 number this morning to ask what my recourse was (after a service manager says no), and they told me to take it to different Honda Service Center.

On the way to the second Honda Service Center, I stopped by two auto glass repair places. None of the techs that looked at it could find a chip/point-of-impact.

Ready to do battle, I pulled up into the other Honda Service Center's bay. Service writer meets me before I can get out of the car. He immediately sees the crack, runs his finger over it, gets on his little walkie-talkie and calls the Service Manger over. Service Manager takes one look and says "Honda's having quite a problem with this on the Elements and Civics. The material they use where it mounts doesn't allow the windshield to contract/expand like it should, so when it's hot, it's very very very brittle". He said he'd have to take a picture for Honda, and that the Regional Manager might want to see the windshield, and bring a Technician down from "home office" with him. I waited 20 minutes while the Service Manager was on the phone with Honda. He sent someone else out to say that Honda doesn't need a picture -- they've seen quite a few of these, and that they've ordered a new windshield to be replaced under warranty. It would take 5 business days to get here, and they'd setup a rental car when the part arrived.

Anyhow, I've gone from being very angry with Honda (over the first Service Centers refusal to address the issue, and me having to pay $275 out-of-pocket for a "generic" windshield, or $400 for a Genuine Honda Windshield) to very pleased with how their handling it.

FWIW, my E is outside of the recall range for the Windshield TSB, and the crack didn't appear in the corner.
 

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Your burden of proof would only be the preponderance of the evidence.
51 percent to 49.
You would just need experts that show, that the design is placing a unusual load on the window, which when hit by small items causes cracks.
Also, you could use the previous honda recall to help your case.

I think you could have experts shoot items into the glass and test the strength compared to other cars.
This might also be a safety issue, if the glass is highly unstable with small items, perhaps it could be unreasonably dangerous with larger items.

It only takes a jury to come up with a verdict and I think the media focus attached to the event may make Honda come to table and work out something.

Someone that is disgruntled from honda might have information that could be useful; that is how the tobaco cases came apart.

I really think this would not be this big of a deal, especially if alot of people experience broken windows.

A lot of people have driven cars for numerous years and never got a broken front window, its amazing that element owners in such large numbers are suffering this without a defect.

There could be experts that show how many windows get broken, and get a percentage of windows that fail per vehicles owned, and show the element has a higher likelihood of failure.

The attorney's and experts could also show that the windows rake and size is a design defect and could be the proximate cause for this damage.

Honda has already admitted they had a manufacturing defect, which could of also arrisen out of a design defect with the flanges.


Im only a 3rd year law student, but If I was finished with school I would take the case just for fun!

Karl.
 

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Karl:

"Only" a preponderance of the evidence, "Just" have experts shoot the glass (and of course don't have their expert tear the methodology of that test apart), "use" the previous recall case, "only" takes a jury, "perhaps" a link between an alleged design defect and an alleged manufacturing defect....

Ouch. Those are mighty small words for huge undertakings. And even if you did it for free, you'd be fronting all manner of expenses.

Well, we all charge out of law school with our sheepskins thinking of that one case that changes so much for people, and makes our name and fortune. Perhaps this one really is yours. Or you'll find another one day. Or it will find you.
 

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The experts will probably be the most expensive part of the products liablility case.
But first year designs normally show problems, and that is why people don't buy them.
People want the bugs to be worked out first.

I don't think it would be a total cakewalk, but I don't think its as impossible as the other post!


Hey, speaking of honda. I saw a commerical during surf girls on MTV for a honda civic, which has no space for long boards etc. I cannot believe the experts that are marketing Honda's didnt use the opportunity to show the element to the surf crowd that would probably go beyond the age of their market group, especially when they paid for add anyway..

Marketing group is doing as good as a job as the window design group!

Karl.
 

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Experts are just the beginning of expense for a products liability case.

My friend's firm hired 3 paralegals just to handle case management for a PL case. That's roughly $150K to ya, just for one year, just for people power, not to mention costs of discovery, and oh yes, experts on top of experts.

I always kept my law practice much more small time. Which still somehow always turned into getting a luggage cart for boxes of documents to lug in the courthouse for cases. Ye Gods. Glad I don't do that anymore.
 

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Experts offering expert opinions on top of experts recommending experts.



lol


:oops:
 

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That is what ford thought when they bean counted the pinto!

Well Products Liablity cases are expensive, and a firm has to be able to afford it. I am not talking about hanging a shingle and going after this as a 1 armed paper hanger and 3 paralegals out of community college!

I am talking about being a member of a large firm that would specialize in this area.
I think you could get a large firm insterested especially if one of the partners has the element too! which I know of a few that do. they bought the car because it would be fun to get to the beach to do soul surfing!

I love the area of products liablity, but From Engineering to Law school to 10 years manufacturing experience I understand the hurdles that would have to be overcome, but you don't have to think Honda can do whatever they please.

PGE thought they could do the same for years.

People don't need to be told they have no chance in hell, without exploring the options.

I Have seen juries give verdicts that you shake your head at.

I maybe a inexperienced law student, but I have taken more that my prosser 1L torts class in the area of Strict Products liablity.

Karlz28
 

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karl:

It's cool, man. Just making idle comments here. Devil's Advocate you might say. It's my nature to consider things the way I have addressed them here. That's my way. Your way is another way. The world's big enough for a lot of opinions, and maybe along the way a little justice gets done.

Peace out!

Kim
 

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You enter lawschool with a head of mush, and when you leave you think like a lawyer.

You end up looking at everything different that is cool.

I thought for sure your next one was going to have the name
Lucious Hellcat
Gereral Counsel Honda America!


Keep cool, Love the element and how come nobody else in an element waves or anything when you pass them the other way on the road?

Karl. Peace to you!
 

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[quote:6023ea18a0="karlz28"]

I thought for sure your next one was going to have the name
Lucious Hellcat
Gereral Counsel Honda America!

[/quote:6023ea18a0]

That's very flattering but I was never a big cheese lawyer like that. Had a small practice, and when a big change came in my life, I actually decided to take the parts of law (research and writing) on with me to another career (being a law librarian.) I'll never regret my practice or law school. Well, maybe ConCrimPro. Gah!

Good luck to you, Karl. Peace, Love and E!
 

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How in the world can you compare the Pinto to the windshield cracking on the Honda. People died! Please have some sense of proportion out of respect for the relatives of people killed because of the Pinto's design defect.
 

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[quote:742498059b="Slowhand"]How in the world can you compare the Pinto to the windshield cracking on the Honda. People died! Please have some sense of proportion out of respect for the relatives of people killed because of the Pinto's design defect.[/quote:742498059b]
The point I got from his Pinto comment was that Ford scrimped on quality and didn't expect folks to take large legal action because it was too expensive for them.

IMO, in that aspect, the Element and Pinto are comparable.
 

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[quote:f6dd15b230="aristoBrat"][quote:f6dd15b230="Slowhand"]How in the world can you compare the Pinto to the windshield cracking on the Honda. People died! Please have some sense of proportion out of respect for the relatives of people killed because of the Pinto's design defect.[/quote:f6dd15b230]
The point I got from his Pinto comment was that Ford scrimped on quality and didn't expect folks to take large legal action because it was too expensive for them.

IMO, in that aspect, the Element and Pinto are comparable.[/quote:f6dd15b230] HEY GUYS, I ALSO HAVE A CRACKED WINDSHEILD, BOUGHT MY E IN MARCH GOT IT IN APRIL....FROM PARAMAS HONDA (THEY SUK) THEY TOLD ME THEY COULDNT HELP ME, BLK EX 4WD..... AFTER A LITTLE RESEARCH, ALTHOUGH HAGERSTOWN HONDA TOLD ME THEY WOULD PROBABLY GOOD WILL ME A WINDSHEILD.... I LOCATED A HONDA SERVICE BULLETIN 03-028 WINDSHEILD.GIF . IT CLEARLY SHOWS WHERE CERTAIN VIN NUMBERED VEHICLES HAD THE WINDSHEILD FLANGE SURFACE IS UNEVEN, CAUSING STRESS ON THE WINDSHEILD.. THEN W THE HOT WEATHER, MOISTER, AND COLD.. THE GLASS CANT EXPAND AND CONTRACT THE WAY ITS SUPOSED TO. I BROUGHT A COPY OF THIS SERVICE BULLETIN AND GAVE THEM A COPY... THEY HAD NO CLUE, BUT APPRECIEATED THE INFO... AND IM GETTING A NEW GLASS INSTALLED.... SGT DAN MILITARY POLICE. HOPE THE INFO HELPS....... MY BAT TRUCK HAS FOG LIGHTS, STONE DEF, ROOF RAck, TINT, WINDOW WIND DEF, STEP RAILS, MUD GUARDS, REAR BUMPER TRIM, REAR SPOILER, ALL SEASON FLOOR MATTS, SEAT COVERS, CHROME EXHAUST TIP, LRG ARM REST, SURF ATTCHMENT, BUNGE CORDS, CARGO ORGANIZER, TABLE LEGS, BULLET VALVE COVER CAPS, THE PRISTEGE ALARM SYSTEM W AUTOMATIC STARTER, CHROME LICENCE PLATE TRIM, AND LUPITA MY HULA GIRL... BLK EX 4WD LOVE MY ELEFANT! [email protected]
 

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Leave me out of any class action lawsuit.......

The last one I was in was the Remington shotgun barrel class action.

I got $23.50 for my alleged "weaker than normal" barrel, my "lawyers" got $22,000,000.00......... :(
 

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Leave me out of any class action lawsuit.......

The last one I was in was the Remington shotgun barrel class action.

I got $23.50 for my alleged "weaker than normal" barrel, my "lawyers" got $22,000,000.00......... :(
 

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Products liability is not my speciality either, but a large firm seeing these posts might be wise to at least do a internet inquiry to see how large the class pool is. With all the available evidence, could be worth their while. On the other hand, a law student doing it?????? Not unless your daddy's rich. Lots of money has to be fronted. But Honda would likely cave fast if one was started by a large firm. They really can't afford that much negative publicity. Come on Honda....just get some decent windshields. You don't really want the public seeing all those cracked Elements driving around and saying "ewwww, what's that?".
 

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I have an 2003 Element with 90,000 miles. I am reading all this about cracked windshields., does anyone have glass insurance. I have a zero deductible as part of my auto insurance. Let the insurance company get involved, they have more clout.
 

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I have glass insurance too...and I have used it twice!

This is an OLD thread, but as far as a class action suit goes, by time the legal fees are paid and the rest of the $ is disbursed to the people involved in the suit, you might get a few dollars compensation...is it worth it?
 
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