Auto Dealership DefenseOver the years auto dealerships have specifically been targeted in civil litigation on a more frequent basis than other segments of the business world. Specific laws have been enacted at both the federal and state levels to police the conduct of auto dealerships which have resulted in costly civil litigation for the dealerships. Some of these laws are commonly known as the Illinois Consumer Fraud Act, Federal and State Odometer Acts, Magnuson-Moss Warranty Act, Truth in Lending Act and Lemon Laws. In addition, auto dealerships are subject to claims arising from employment claims, product and manufacturing defects, auto accident claims, slip-and-fall, and general personal injury claims.
Success in the defense of auto dealerships for the varied claims requires lawyers who understand the various laws and the inner workings of auto dealerships. It is important to develop an early game plan and to put it in action quickly as many of the lawsuits confronted by auto dealership involve statutes which would require the dealerships to pay the attorney fees of the opposing party. Often times, the actual damage suffered by the plaintiff is nominal yet the claimed attorney fees run into the hundreds of thousands of dollars. Even more devastating is that most dealerships have little to no insurance coverage for such claims and therefore the dealership itself is paying for these claims.
Under the umbrella of civil litigation, Best, Vanderlaan & Harrington attorneys have specialized in the defense of auto dealerships for many years. We have worked closely with our auto dealership clients to train their employees in how to avoid such lawsuits in the first place; how to address customer complaints to prevent the same from becoming lawsuits; and further once a lawsuit does arise to quickly develop a game plan with the dealership to limit liability and the costs associated with defending the dealership.