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Comment on Car dealers say they can’t sell EVs, tell Biden to slow their rollout

JustZ@lemmy.world ⁨11⁩ ⁨months⁩ ago

Civil liability. You cannot sue in state court without personal jurisdiction over the maker, you know, in case they make a car with a fuel tank that explodes everytime you tap the fender or something. However, if they have a physical business footprint in the state, it’s fair to sue them there.

It would be the end of auto recalls because they’d force their cases into whatever singular federal court that they pick and just whittle away the law of product liability one case at a time. Elon Musk would love that.

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shottymcb@lemm.ee ⁨11⁩ ⁨months⁩ ago
Dealerships aren’t owned by car companies.

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- JustZ@lemmy.world ⁨11⁩ ⁨months⁩ ago
  www.law.cornell.edu/wex/privity
  
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5BC2E7@lemmy.world ⁨11⁩ ⁨months⁩ ago
Can’t this be solved by updating requirements to allow vehicle sales?

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- JustZ@lemmy.world ⁨11⁩ ⁨months⁩ ago
  Jurisdiction and service are part of due process, and come from the Constitution.
  
  Yeah, there’s probably a way.
  
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dynamojoe@lemmy.world ⁨11⁩ ⁨months⁩ ago
You’re saying that a customer can’t sue companies that don’t have a physical presence in their state, but because they sell their product though an unrelated third party I can sue them? I’m not a lawyer but that sounds like bullshit.

The real reason for the continued existence of car dealerships is lobbyist money. The NADA is very politically spendy to maintain their members’ legally required middleman status. And it’s bullshit. I can buy a laptop directly from Apple. I can buy a bicycle directly from Cannondale. I legally CANNOT buy a truck directly from Ford. I can configure it etc online but the order is then sent to a local dealership for processing and they can add whatever “fuck you because we can” fees they want.

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