Re: BOTTOM PAINT WARNING!!!
Mattttttttttttttttttttttttttttttttt25 here are some thoughts on what you would like to do <br /><br />1)You probably wont be able to access either Florida based company thru small claims if you are not in Florida. Anyone that is comfortable with proceeding in small claims court will do just as well, maybe better, in municipal court. Primary difference is a larger filing fee, the presents of a court reporter, and everyone is a little more polite. Everyone has the choice of legal representation, not that its needed or will necessarily be of any benefit. <br /><br />2)You may need to opt out of the class action and there may be time limits on pursuit of your own claim, so look for these two things. You may need to wait for the class action settlement to see if it appeals to you before deciding to proceed, and the companies may be protected from similar lawsuits during the class action, anyway.<br /><br />3)Since it seems everyone (except you
) knew there was a problem with the paint about the time you bought the product, you may be able to pursue a claim for additional damages as a result of using a product the manf and dist knew (or should have known) were defective and were negligent in recalling, and punitive damages (3x the amount?). In other words, you may be able to claim the cost of the product, your time to remove the debris and clean up the mess that was a result of using their product and the time to apply a replacement prodcut, at fair boatyard wages
about $75/hr, plus 3x times that amount.<br /><br />A quick search of the lawsuit spit this out:<br /><br />1)The class action case if filed in New Jersrey.<br /><br />2)Average cost of actual damages for use of the product: about $1500.00.<br /><br />3)For those affected consumers who seek additional information, please contact John K. Fulweiler, Esq., DeOrchis & Partners, LLP, 61 Broadway, 26th Floor, New York, NY 10006, 212-344-7977, e-mail address: jfulweiler@marinelex.com.
Mattttttttttttttttttttttttttttttttt25 here are some thoughts on what you would like to do <br /><br />1)You probably wont be able to access either Florida based company thru small claims if you are not in Florida. Anyone that is comfortable with proceeding in small claims court will do just as well, maybe better, in municipal court. Primary difference is a larger filing fee, the presents of a court reporter, and everyone is a little more polite. Everyone has the choice of legal representation, not that its needed or will necessarily be of any benefit. <br /><br />2)You may need to opt out of the class action and there may be time limits on pursuit of your own claim, so look for these two things. You may need to wait for the class action settlement to see if it appeals to you before deciding to proceed, and the companies may be protected from similar lawsuits during the class action, anyway.<br /><br />3)Since it seems everyone (except you
) knew there was a problem with the paint about the time you bought the product, you may be able to pursue a claim for additional damages as a result of using a product the manf and dist knew (or should have known) were defective and were negligent in recalling, and punitive damages (3x the amount?). In other words, you may be able to claim the cost of the product, your time to remove the debris and clean up the mess that was a result of using their product and the time to apply a replacement prodcut, at fair boatyard wages
about $75/hr, plus 3x times that amount.<br /><br />A quick search of the lawsuit spit this out:<br /><br />1)The class action case if filed in New Jersrey.<br /><br />2)Average cost of actual damages for use of the product: about $1500.00.<br /><br />3)For those affected consumers who seek additional information, please contact John K. Fulweiler, Esq., DeOrchis & Partners, LLP, 61 Broadway, 26th Floor, New York, NY 10006, 212-344-7977, e-mail address: jfulweiler@marinelex.com.