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Posted in Torts Blog, Products Liability Blog, Consumer & Class Action Blog

You Get What You Pay For?

August 1st, 2007 by John Campbell

My dad always said, “You get what you pay for.”  Unfortunately, consumers are learning that this isn’t always true.  If you are like me, all too often, you have bought a product, only to learn that it doesn’t work as advertised.  Put simply, you didn’t get what you paid for.  The “defective product” problem can emerge in two different ways.  Let’s look at car defects as an example. 

Sometimes, when cars are defective, it is dangerous.  Roofs crush . . . seat-belts ride-up . . . doors swing open in rollovers.  In these situations, and countless others, lives can be lost or changed forever.  These defects, because of the devastating results, are usually addressed in courts around the country.  The second type of defect may not kill you, or even injure you; instead, it costs you money, time and energy. This type of defect occurs anytime a product is not what it was advertised to be. 

At Simon Passanante, our firm has always handled cases involving dangerous products, but lately, as we focus more energy on consumer law, we’ve been thinking more about the defects that cost our clients, and customers in general, money and time.   (To read more about products liability in general, click here.)

 I was reminded of this topic when reading about a class action that settled in Pennsylvania.  A plaintiff sued Kia, on behalf of 9,402 Pennsylvania consumers, because she replaced the brake pads on her new 2000 Kia Sephia 12 times before she had driven 45,000 miles.  She asserted that the vehicle had a “substandard brake system” which made it impossible for the car to dissipate heat.  The result was that brake pads and rotors burned up quickly.  Kia settled the case for $5.641 million.  

It’s worth noting that the brake pad problem didn’t kill or injure the plaintiff; instead, it cost her money and created stress.  Kia profited from selling a car that did not live up to its billing.  This case and many others like it are important because they demonstrate how class actions can help consumers stand-up for their rights and avoid the feeling of helplessness that today’s consumer world can create.  It is too common for consumers to get ripped off, only to assume there is nothing they can do.  The Kia case is a nice example of consumers, and consumer lawyers, fighting back.
This result should be the norm, not the exception.  Companies demand we honor our promises by paying on time, following warranty instructions, using products in acceptable manners, etc.   Why shouldn’t we demand that companies honor their promises too?

If you bought a car, a truck, a boat, a plane, a computer, a car-seat, a piece of exercise equipment or any other product, and it is defective, don’t assume that there is nothing you can do.  Although filing a lawsuit on behalf of just you, would in many cases be too expensive for your or for any individual lawyer to pursue, filing a case on behalf of  yourself and every customer who didn’t get what they paid for can be a meaningful way to stand up for the rights of customers everywhere.   So, if you purchased a product, it turned out to be less than what was promised, and you expect this happened to others too, please feel free to call me at 314-241-2929 or email me by clicking here. I’ll be glad to talk with you.

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