Lemon Law for California

Build Dates :February 01,2005-August 31,2007

NHTSA CAMPAIGN ID Number : 08V484000
Date Owner’s Notified: 20080928     Date Received by ODI: 20080922     Date Added to Databse: 20080924
Manufacturer’s Involved: COUNTRY COACH INC
Manufacturer’s Responsible for the Recall: COUNTRY COACH INC
Manufacturer Campaign Number:
Component: STEERING:HYDRAULIC POWER ASSIST SYSTEM
Potential Number Of Units Affected : 238
Summary:
Country Coach is recalling 238 MY 2006-2008 Affinity and Magna Homes. loss of power steering assist can occur in these motor homes.

Consequence:

Loss of power steering assist can create an unsafe driving condition which could result in a crash.

Remedy:

Dealers will replace the fan drive hydraulic pump and the transmission mounted dry spline power take-off with a wet spline power take-off and relocate the engine power steering pump to the engine power steering mechanical drive Pad owners will be notified about this recall beginning on September 208, 2008,with instructions that they should experience loss of power steering or a severe reduction in the ability to steer the motor home that they should immediately contact the country coach service center.The parts necessary for this recall will not be available until mid-November 2008, at which time the owners will be notified to bring in their vehicle for repair.Owners may contact Country Coach at
1-800-547-8015

A common carrier is anyone who offered to the public to carry persons, property or messages for hire. In California, and certain other states, a carrier for persons for reward must use the utmost care and diligence for their safe carriage, must provide everything for that purpose, and must exercise a reasonable degree of skill. Such carrier must provide vehicles that are safe and fit for their intended purpose and generally, are not excused from omissions in this regard.

Bus lines, train lines, ship lines, and other common carriers are often involved in accidents causing injury.

Your legal specialist should be aware of the distinctions under the law, which may apply to common carrier accidents.

Generally, an action for negligence requires a showing that the defendant vehicle operator breached a legal duty owed to the injured plaintiff, and that the breach of such duty was a proximate or legal cause of the plaintiff’s injuries.

For example, in California, a motorist, driving on either the public or private roads, must exercise the degree of care and caution that an ordinarily careful and prudent person, acting in the same or similar circumstances, would exercise for the safety of others traveling on the road.

It is well established in most states that a motorist, must, at all times, use ordinary care to avoid colliding with another, and must be alert and watchful so as not to place himself/herself in danger, and, while such motorist may assume that others will use ordinary care, he/she cannot for that reason omit any of the care that the law demands of him/her.

Pedestrians are also required to use ordinary care. However, drivers of vehicles must be use ordinary care to prevent injuries to pedestrians.

Whether or not a driver’s view was obstructed, whether the motorist was in violation of the Vehicle Code or other statute, the knowledge of the motorist as to the conditions, and the weather conditions are all factors to be considered in the investigation of an accident.

For example, in many states, an injured motorist can legally establish his/her claim through utilization of the legal theory of negligence per se. Generally, in order to establish negligence per se, the injured party must show that a defendant motorist violated a statute, ordinance or regulation. The violation of that statute must have proximately caused the injury, and the injury must have resulted from an occurrence of the nature, which the statute was designed to prevent. Lastly, in most jurisdictions, the injured party must establish that he/she was one of the class of persons for whose protection this statute was adopted.

An example of negligence per se follows: A motorist suddenly stops her automobile without first giving an appropriate signal to the driver of the vehicle which was immediately behind her. The vehicle behind collided with her automobile, there being no showing that she did not have a reasonable opportunity to give the required signal before stopping. Under virtually these circumstances, a court in California found that the motorist’s failure to give signal of her intention to stop constituted negligence per se.