I'm not an attorney but I'm pretty sure that the plaintiff can subpoena Toyota's relevant records, and it's a crime if they don't comply.
It's the state's fault. They should reintroduce the natural predators to control the local rodent population. If the farmer killed the fox he shouldn't complain about the rodents.
While I agree with you in principal.... That statement might actually help those seeking remedy against Toyota. As modern building timber IS treated to be resistant to termites. The difference being that it is reasonable to assume "wood" is going to be attractive to termites. Is it reasonable to assume automakers should of known or projected that soy based wiring might be especially attractive to rodents? That's hard to prove. I accept that it is for "too many" people a legitimate problem. And I hope automakers are paying attention and make "rodent" resistance a higher priority in future automobile design. BUT... I suspect remedy for these unfortunate events when they occur is going to be a primarily up to the individual owners.
It's reasonable to assume that if automakers experience a spike in rodent-caused car damage for six straight years, and they fail to address it or even try to determine the cause, then they are probably liable. However, I do not know if that is a fact.
Wow this is weird I hope it doesn't happen to my car. That looks expensive having to rewire everything.
It's obviously Freudian in nature to suggest using a Mayonnaise jar. Pickle jar would have been my choice.
I have neighbors that cut their shrubs and placed it in the back of the driveway. It's been 3 months since and I think the rats found new condos above the sewers. I only wish the coyotes come back down from the hills to feed on these critters. Regardless, I've started to park far from their driveway. Posted via the PriusChat mobile app.
Well I always enjoy a good case. There is a lot of precedent on rodents and chewing wiring, roofing etc with homes/ residences. Typically not favorable to the plaintiff.....if rodents are prevalent or know to be in the area. Some really weird "stuff" in these cases, noting that even a cement/ no trees city dweller should expect squirrels...which I don't think are prevalent, have lost; yet I digress. Some really interesting facts/ decisions in these cases. Now in this case against Toyota, from reading this thread, if I understand: "Mice" are attracted to the soy product based insulation used by Toyota. Easy enough to test if true. This seems to the core of the case...are "mice" attracted to this car? So, when did Toyota see an increase in mouse damage repairs? Seems Toyota would only know this from its dealership network. From independent repair shops Toyota could look to it parts inventory. Is Toyota's "mice" repairs greater than any other auto manufacturers "mice" repairs? I can only imagine the document discovery in this case! Lastly, when did Toyota, if it did at all, change from the soy attractive product to a non mouse attractive product? Is the replacement product still "organic"/ green? Did technology have to catch up to make this change. Was the original product used for decades by Toyota before soy outlawed by law (asbestos, lead, lacquer paint for examples)? Yet, there still is all the precedent with rodents and houses to consider. I'd think plaintiffs who park on the street would have a better chance of "winning" over those that park inside a garage or next to there house. But then again there is a gutter and drain system known to a be home to rodents. Further, as defense: If one eats or drinks in the car - case lost for plaintiff. Now you love your cup holders don't you? Children and Cheerios. Coffee and sugar. French Fries and catsup. Perfume wearers or new car/ pine scent sprays could attract animals - case lost for plaintiff. So many smells/ products attract animals; perhaps even shampoo, moisturizer, and soap. Again, I always like a good case. That's my free two cents. Good luck.
I don't think the case will be about the fact that they knew or did not know if soy based wiring would lead to rodents eating the wiring, but it will be more about the fact that it is a problem and that Toyota has decided to ignore it for so long.