Bavaria 40 with Volvo-Penta engine with hole smashed in the side

SimbaDog said:
These things happen, things go wrong, it's life! This mentality of suing for everything gets on my ***s! How the **** were clipper marine supposed to know that the engine might fail at some time in the future? I'm really glad I'm not in business any more :(
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Yeah right.So that new car you buy with ten grands worth of defective engine is just a bit of bad luck and you fork out and pay for it yourself?I dont think so.Not on this planet anyway.
 
SimbaDog said:
It's 3 years old, it's not new, **** happens, get a life!
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People suing councils because they tripped over a crack in the pavement or a supermarket because of a wet floor, or even a doctor who misinterpreted a symptom, I would consider unnecessary and part of the compensation culture, but an expensive engine self destructing far earlier than its expected life when it has clearly not been assembled correctly I would consider fully justified and would do just the same. But then I don't have a life.
 
Biggles Wader said:
Yeah right.So that new car you buy with ten grands worth of defective engine is just a bit of bad luck and you fork out and pay for it yourself?I dont think so.Not on this planet anyway.
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Expect the OP's direct losses were of that order - new engine shipped to Greece, removal and refitting. When outside the contractural warranty period you have to rely on SofG which means you have to show that the defect was there from the start, so the strength of the case depends on the expert evidence produced. That is where many such cases fail as there is insufficient evidence, or the manufacturer's expert counter evidence is stronger. Other cases fail because the plaintiff does not have the resources to challenge the manufacturer if the claim is rejected.

If it is a known problem, as often happens with cars, the manufacturer is likely to have a policy on what compensation it will offer. This is often codified so that claims can be settled by an assessor without admitting liability.
 
Tranona said:
When outside the contractural warranty period you have to rely on SofG which means you have to show that the defect was there from the start, so the strength of the case depends on the expert evidence produced.
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If the court accepts the expert opinion that almost all of the other nuts were loose as well that sounds like pretty convincing evidence of a latent manufacturing defect. Someone forgot to use thread locking compound.
 
AngusMcDoon said:
If the court accepts the expert opinion that almost all of the other nuts were loose as well that sounds like pretty convincing evidence of a latent manufacturing defect. Someone forgot to use thread locking compound.
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Yes, seems like he has a good case. Hopefully Volvo will accept the evidence and not leave Clipper to defend.
 
AngusMcDoon said:
Someone forgot to use thread locking compound.
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Just had a look at the workshop manual. There is no reference to any locking mechanism or use of thread locking compound. The nuts are tightened to 32Nm (so I would guess they are HT M8, it doesn't say). There is no reference to their being one use only so presumably they are not stiff nuts.
Seems surprising.
However there are an awful lot of these engines around in industrial use knocking up thousands of hours as well as a few in boats!
 
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