4-wheeler defect

[catdaddy]

I live in Florida and recently (last Wednesday) signed a contract to finance an ATV (4-wheeler). When we brought the ATV home and rode it for no more than 10 minutes, an oil coolant hose popped off spraying the rider (my son) with hot oil, leaving a slight burn down his leg. We did not seek medical attention since it seemed to be a 1st degree burn. When we called the dealership, they advised us to bring the ATV back in the next day and they would fix it. We did. Fixing it, was to them stretching the hose that was in my opinion way too short. On the return home and after riding it another 10 or fifteen minutes, the hose popped off again, ruining a pair of hiking boots. When asked for an exchange, they said they cannot do that. The manufacture Polaris said they have a right to fix the defect and do not have to exchange it. I overnighted a formal complaint to the finance company to cancel the contract, which in turn they said they would not. My problem is....do I have to take this ATV (which it is Wednesday and they have had the ATV since Friday) or can I legally give it back to them and not pay the finance company, if I don't go pick up the ATV? This was a birthday present for my son, and he is now scared to ride this because everytime he gets on it, the same thing happens. Now, no one wants to ride it.
Thank You!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by catdaddy:
I live in Florida and recently (last Wednesday) signed a contract to finance an ATV (4-wheeler). When we brought the ATV home and rode it for no more than 10 minutes, an oil coolant hose popped off spraying the rider (my son) with hot oil, leaving a slight burn down his leg. We did not seek medical attention since it seemed to be a 1st degree burn. When we called the dealership, they advised us to bring the ATV back in the next day and they would fix it. We did. Fixing it, was to them stretching the hose that was in my opinion way too short. On the return home and after riding it another 10 or fifteen minutes, the hose popped off again, ruining a pair of hiking boots. When asked for an exchange, they said they cannot do that. The manufacture Polaris said they have a right to fix the defect and do not have to exchange it. I overnighted a formal complaint to the finance company to cancel the contract, which in turn they said they would not. My problem is....do I have to take this ATV (which it is Wednesday and they have had the ATV since Friday) or can I legally give it back to them and not pay the finance company, if I don't go pick up the ATV? This was a birthday present for my son, and he is now scared to ride this because everytime he gets on it, the same thing happens. Now, no one wants to ride it.
Thank You! <HR></BLOCKQUOTE>


My response:

Have another mechanic give you a written opinion about the hose, and the effects. Also, document your son's injuries - - photos, medical reports, bills, etc.

Then, sue for personal injuries, damages, breach of contract, and of course, rescission of the contract of sale. This last cause of action will be based upon the Uniform Commercial Code.

See an attorney as soon as possible.

IAAL


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