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A leasing company ("Vampires-R-Us") rents an automotive

A leasing company ("Vampires-R-Us") rents...
A leasing company ("Vampires-R-Us") rents an automotive peripheral device which is required by law to be installed on lessee's car for a monthly leasing fee as well as servicing fee. The device is powered solely by the car's main battery and drains it even when the engine is idle. While the car's battery can be recharged through normal operation of the engine (via alternator & related parts converting gasoline fuel to electrical energy), the car's engine is not required by law to be started nor is the car required to be driven. As a result, the peripheral device routinely drains the car's battery to zero charge which reduces the life of the battery and diminishes the ability of the battery's cells to be recharged. If after multiple drains and battery rechargings, the peripheral device becomes the cause for the battery to finally fail completely where it cannot be recharged or retain a charge such that it has to be replaced, is not Vampires-R-Us liable to pay the cost for battery replacement as a result of their device being the sole cause for the damage to the car's battery?
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Answered in 3 hours by:
1/20/2018
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified

Yes, I would agree with you unless they specifically warn you about this in any of their documentation. In that case, the courts would decree that you assumed the risk of this.

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Customer reply replied 7 months ago
Vampires-R-Us warns that car batteries can be drained by their devices and they even have online tutorials as to how to activate their "Power Save" mode which drains the battery less -- but their device STILL will drain a battery to the point it must be recharged for the car OR the device to be charged AND it causes physical long term damage to the battery when the battery is repeatedly drained and the charging cells are worn out prematurely. Vampires-R-Us does NOT warn of permanent damage to lessee's car batteries due to the long term effects of their device. So on that basis, could they be sued for damage to lessee's batteries including recharging costs, towing charges, and battery replacement expense?

I think their disclaimer helps them avoid liability.

Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified
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