Battery Drain
07-22-2009, 06:18 PM
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I am curious why a class action suit has not been filed against BMW regarding the ubiquitous dead battery issue? Clearly a design defect- but no suit. Thus, throughout the world BMW owners are just told they they are at fault for not driving the BMW enough- and we do nothing! This could be bigger than Mesophilioma !
07-23-2009, 09:03 AM
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Originally Posted by GregBrand' post='950975' date='Jul 22 2009, 10:18 PM
I am curious why a class action suit has not been filed against BMW regarding the ubiquitous dead battery issue? Clearly a design defect- but no suit. Thus, throughout the world BMW owners are just told they they are at fault for not driving the BMW enough- and we do nothing! This could be bigger than Mesophilioma !
1-the battery issue is indeed a defect due to BMW's design
2-BMW knew it was a defect and deliberately did nothing about it.
BTW - I did take Business Law in college.
07-23-2009, 09:13 AM
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I think we need Scott to voice his opinion here, I personally agree with Pukka here - not sure is anyone has proof it was an actual design issue, besides anyone with aftermarket stereos (myself included - I have an amp and woofer) would be automatically discounted from any suit. I haven't had the issue personally, but not a whole lot I could do if I did.
07-23-2009, 08:04 PM
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If it is not a design flaw then you must subscribe to the belief that the car was designed to have the battery go dead if it is not driven much. Brilliant! Please point out to me where in the BMW purchase contract, description or warranty, or any other sale documents where it says that.
07-23-2009, 08:23 PM
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I'm not a lawyer but I don't think you have a strong case here. Think about any battery operated things you have in the house. If you let them sit and not use them, the battery will die out eventually. This is just how battery is. Given that excessive battery drain might be at play, but each case can be different. Different module can be defective and drains the battery.
07-24-2009, 03:58 AM
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For a start, BMW ought to design a car that is useable for all types of driving. One doesn't have to drive a car 1 hour daily for the battery to last. It should be the same for those doing short driving too.
TO me its evident BMW with their electronic systems have got something wrong. THe onus ought to be on BMW to prove there is nothing wrong with the car. A stock standard car should NOT be giving a warning that an excessice battery discharge has occoured. I have not done anything to the car and I am not in control of what devices run in sleep mode or don't.
Perhaps all forum members need to unite on this issue and do a class action suit on BMW. Let BMW explain why their logic design is shite!!
cheers
TO me its evident BMW with their electronic systems have got something wrong. THe onus ought to be on BMW to prove there is nothing wrong with the car. A stock standard car should NOT be giving a warning that an excessice battery discharge has occoured. I have not done anything to the car and I am not in control of what devices run in sleep mode or don't.
Perhaps all forum members need to unite on this issue and do a class action suit on BMW. Let BMW explain why their logic design is shite!!
cheers
07-24-2009, 05:28 AM
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Originally Posted by GregBrand' post='952440' date='Jul 24 2009, 12:04 AM
If it is not a design flaw then you must subscribe to the belief that the car was designed to have the battery go dead if it is not driven much. Brilliant! Please point out to me where in the BMW purchase contract, description or warranty, or any other sale documents where it says that.
Who makes the batteries for our BMW's? Since there are alot of people who do not have this problem, you have to consider this too.
07-24-2009, 05:47 AM
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Originally Posted by pjinca' post='951664' date='Jul 23 2009, 12:13 PM
I think we need Scott to voice his opinion here, I personally agree with Pukka here - not sure is anyone has proof it was an actual design issue, besides anyone with aftermarket stereos (myself included - I have an amp and woofer) would be automatically discounted from any suit. I haven't had the issue personally, but not a whole lot I could do if I did.
Im also in the same boat as you. I have a after market amp and sub so they will blain the battery drain on that. Luckly i havent had this issue but then again the longest my car has sat was maybe 4 days. If you really have a problem with the battery drain and do let you car sit then invest in a battery tender. Its better than replacing a battery every couple months!
07-24-2009, 10:25 AM
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Generally speaking here are salient ingredients to a class action suit. Clearly the battery drain issue must be proven. That is what happens in a lawsuit. Your allegations must be proven by a preponderance of the evidence.
Numerosity - adequate number of plaintiffs
Commonality - common damages and legal issues
Typicality - each class member's claim must come from the same event, and must make the same legal argument
Adequacy of Representation - the representative plaintiff will adequately protect and represent the interest of the class
Viability of Defendant - although it is not a requirement of the court, it is reasonable to assume that if the accused does not have the means to compensate for the alleged damages and legal costs, it would be difficult to entice a law firm to represent the class.
Numerosity - adequate number of plaintiffs
Commonality - common damages and legal issues
Typicality - each class member's claim must come from the same event, and must make the same legal argument
Adequacy of Representation - the representative plaintiff will adequately protect and represent the interest of the class
Viability of Defendant - although it is not a requirement of the court, it is reasonable to assume that if the accused does not have the means to compensate for the alleged damages and legal costs, it would be difficult to entice a law firm to represent the class.
07-24-2009, 10:35 AM
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Originally Posted by GregBrand' post='952440' date='Jul 23 2009, 09:04 PM
If it is not a design flaw then you must subscribe to the belief that the car was designed to have the battery go dead if it is not driven much. Brilliant! Please point out to me where in the BMW purchase contract, description or warranty, or any other sale documents where it says that.
As AWG said, she has not let her car sit for more than 4 days. Mine is a daily driver. Neither of us have had the problem, yet. So this would disolve your case entirely. If there are an equal number of daily drivers with no issue as to the number of drivers who let their cars sit for days and DO have the issue then you point of contention is invalid.