Re: [a/s] Towing limits/liability?

[John Hilty <hilty@xxxxxxxxxxxxx>]

Michael,

I think George was talking about the manufacturers liability with
potential warranty claims for their sold products on the road. This is
an important concern for their financial managers in predicting their
capital needs/budgets for near and long term operating forecasts.

The concern for tort liability would probably fall in 3 different areas.

1. Incorrect recommendation of the manufacturer, i.e. failure while
towing a load within specs (Manufacturer liable if proven). 

2. Aftermarket (hitch, RV, trailer dealer) recommendation to exceed mfg.
ratings which failed (aftermarket dealer liable if proven). This is
where Can-Am has potential liability exposure. The more vehicles they
have on the road the greater their exposure. I would be interested to
know if a purchaser of their towing setup is asked to sign a waiver or
acknowledgment of the factory recommendations. 

3. User exceeding manufacturers towing limit (manufacturer off the
liability, aftermarket dealer off unless he recommended). This would be
a defense for the manufacturer and potentially the aftermarket dealer.

Anyone who knows how and has access to one of the legal databases can
find the kind of case law you have asked about. There probably aren't
that many on this list who do case law research. 

John H.