What Is A Breach Of Warranty And Would This Be Considered As One?
Location: Nebraska
I’m looking for some advice on a possible breach of warranty case in Nebraska. I have a new vehicle that is currently lease that had 9,000 mi and has a limited warranty. The vehicle has a documented safety defect involving chemical residue and toxic vapors in the HVAC system from the engine super heating and vaporizing coolant into the engine back and was pulled in through the hvac system. This has already caused an acute respiratory event and my blood pressure has been high since. I’m willing to bet it has to deal with the situation but who knows since I have a family history of high blood pressure but that normally kick in later in life.
The dealer’s service manager admitted in a email that the manufacturer has no protocol to clean the chemical mess from the vehicle and the hvac system. They replaced the part that was leaking and burning pressurized coolant and replaced the air filter but have not done anything about the residue that’s caught up in the vehicle’s hvac system and heater core because the do not know how.
Under NE lemon law, a manufacturer has about 4 attempts or 40 days to fix the defect. I only have 1 attempt and the written letter stating that there is no fix the primary safety hazard.
My questions are, would UCC § 2-719 come into play in this instance since the dealer admitted they are unable to repair due to lack of protocol? Am I able to pursue them for what seems like a Federal Breach of Warranty, Magnuson-Moss, right away after that admission or do I still need to go through 3 more repair attempts? Would this count as personal injury due to the respiratory distress and void the manufacturer's standard disclaimer of consequential damages?
I'm mainly looking for advice on whether this admission of 'no protocol' is enough to try to find a specialized attorney given the low repair count. If so, what kind of attorney should I be searching for?
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