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LegalEagle1
LegalEagle1, Attorney
Category: Traffic Law
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Experience:  Practicing Criminal and Traffic Attorney for over 22 years.
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I am a Canadian who purchased a new 2013 sundowner horse trailer

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I am a Canadian who purchased a new 2013 sundowner horse trailer from a Kentucky dealer it has had numerous manufacturing problems with one recurring (4 times now) problem. Would this be covered under these lemon laws and can I as a Canadian sue I the USA?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with you question today.

The lemon law in Kentucky applies to only certain vehicles.
§367.841(3) states:

"Motor vehicle" means every vehicle which is self-propelled, and which is intended primarily for use and operation on the public highways and required to be registered or licensed in the Commonwealth prior to such use or operation; however, "motor vehicle" shall not include:

(a) Any vehicle substantially altered after its initial sale from a dealer to an individual;
(b) Motor homes;
(c) Motorcycles;
(d) Mopeds;
(e) Farm tractors and other machines used in the production, harvesting, and care of farm products; or
(f) Vehicles which have more than two (2) axles.

Your trailer does not meet this definition so Kentucky's Lemon Law would not apply.

Even though the lemon law does not apply to your case, you can still sue in the US for a defective product, product liability, breach of contract (warranty issue) or misrepresentation as the suitability of a product for a particular purpose. Also if the dealer delivered the trailer to you in Canada, you may be able to pursue your claims against the dealer in Canada. You may be able to do the same against the manufacturer if he distributes or markets his product in Canada.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.
Thank you for that information. Can you advise where I would be better to find a lawyer. The manufacturer's state or dealer? I picked the trailer up myself so it was not delivered to Canada. Sundowner does sell trailers in Canada though I expect my issues are more with the manufacturer though. Any other advice would be appreciated.
Expert:  LegalEagle1 replied 1 year ago.

You have told me you purchased it in Kentucky. I do not know where Sundowner is based. Can you tell me?

 

Also I need to step away from my computer for a few hours. I will respond to you later this afternoon.

Customer: replied 1 year ago.
I purchased it during the all American quarter horse congress show in Ohio. In oct 2012. The dealer was KY Lake trailer sales based out of Kentucky. sundowner manufacturing is in Oklahoma. I paid for the trailer and picked it up a few weeks later at a non related trailer dealer in Ohio as it was easier than the dealer taking it back to Kentucky. I brought it through Canadian customs myself.
Expert:  LegalEagle1 replied 1 year ago.
If you purchased the trailer in Ohio, you could also file the action there (or in any state where the manufacturer does business. If you want to sue the dealer also you will most likely have sue them in Kentucky or Ohio. Also if the manufacturer does business in Canada you may be able to sue them there as well.

I suggest that you consult with a lawyer in each jurisdiction and then evaluate the pros and cons of pursing the claim in a particular jurisdiction. Just as an example I was recently involved in products liability case in which the injured party lived in Michigan and the company was in New York. New York is generally a more favorable forum to pursue such claims, so we filed the case there instead of Michigan. The local practitioners will be able to tell you how the local courts view claims such as yours.


I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1, Attorney
Category: Traffic Law
Satisfied Customers: 754
Experience: Practicing Criminal and Traffic Attorney for over 22 years.
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