The axle manufacturer REPLACED the first set of axles telling me upon inspection that the arms were bend and therefore there was a defect. On the next set they said the arms were bend and that I had to have overloaded them and would not replace them under warranty. They would have replaced them AT MY COST, however I refused and bought heavier rated axles (before I found out about the mis-application) hence I continue to have the same problems, thinking that perhaps the axle company over-rated their axles. I know better now.
I have not overloaded them (except by mis-application) and the statement from the Dexter Applications manual explains WHY they were overloaded - BUY THE USE OF THESE AXLES IN A TRI-AXLE APPLICATION. On a certified Cat Scale they were NOT overloaded.
So I suppose the trailer manufacturer is more liable. They SHOULD have known because they also use Dexter axles, however, the axle company that made the axles I have, to the best of my knowledge, has NO such warning about the use of these axles in a tri-axle application. So, they also should have known and "failed to warn" as well as "fail to honor the warranty?"
Thank you for explaining "incidental and consequential" damages. Now I know I can ask for reimbursement for at least what I had to pay for staying on the road. Now I wonder about punitive damages, since the axle company AND the trailer company SHOULD have known, failed to warn me, and continually allowed me to use the same axles THREE TIMES. I have lost wheels (some never found) and they could very easily have caused harm to someone else as well as to me if more than one wheel at a time was lost. I must have been just lucky. This entire rig on the Cat Scales is over 40,000 pounds. I lost time on the road, had the annoyance or waiting for parts and repairs. I was lucky enough to be "between" events I attend, so the loss of income was minimal, but the stress has been very high.
Since I discovered the cause, I have taken EXTRA PRECAUTION in my inspection before any trip and immediately corrected anything that I saw starting to fail (such as uneven tire wear - I have had the tires flipped on the rims several times - they all would wear to the inside - or leaking seals - I had bearings repacked, seals replaced, and - at my expense - bought all the necessary replacement parts to keep on hand since NONE of the parts were available anywhere except from the axle company - contrary to their claim that their dealers carried the parts. And that was only after I had a failure and had to sit at a shop for 5 days waiting for parts to arrive.
So, it sounds like an Indiana attorney is the way to go? Now, I have contacted DOZENS of law offices and the only one I got to do anything wrote 10 day demand letters and failed to follow up. So I stopped paying him and filed a complaint with the bar association (he also violated our agreement - I had insisted on seeing every demand letter before it was sent - letters were sent (probably written by paralegals who did not know enough) that had incorrect facts and figures - to which the axle company responded with very slim offers of compensation and no other resolution as money alone will NOT solve the problem.) I fired him many months ago and simply cannot afford to spend thousands of dollars AGAIN to have some lawyer not listen or say they need to do research when I probably already have all the ammunition they need. What KIND of lawyer should I be searching for? I mostly get "not interested" or "we don't handle that kind of case."