My lawyer is asking for these damages, so I need to understand under what circumstances (even if rare) and perhaps an example of just what would be considered "unconscionable" and what kind of compensation is possible other than the company replacing the trailer (and then that trailer will fail in a few years!) or them taking it back and paying me for the depreciated value (and maybe for the repairs?)
I have had this problem with the trailer since 2007 with the only resolution being replacement parts (once by them, twice by me as they said I had to have overloaded it and would not address another replacement - I have weigh slips to show I have not.) I have spent over $30,000 in repairs alone and now another expert says I have stress fractures in the frame of the trailer.
I live in this full time and MUST travel to make a living. Financially this has just about ruined me and I am still carrying the risk of continued damages (which WILL occur.) I doubt I could sell the trailer to anyone if I tried. It is dangerous! My life and my livelihood are at stake and I have no other "home".
I am not trying to be difficult, but this seems to be an unusual case. The company KNEW how I planned to use the trailer. They also had every reason to KNOW that these axles would fail.
As you must know under Magnuson-Moss my attorney is compensated by the plaintiff (assuming he loses) and I am told he has to be careful how much time he spends on the case as the court will only allow so much. Hence I am asking questions everywhere I can. Not being a lawyer myself, I do not have access to case law, nor do I have the knowledge to interpret all of it.
In my thinking, the fact the the trailer company had every reason to know the problem would occur. That I CAN prove. I call that negligence.