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Old Jul 24, 2009 | 10:43 AM
  #11  
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Originally Posted by pukka' post='952750' date='Jul 24 2009, 09:28 AM
I sympathize with you. However, leave your car standing still for long periods of time and you run the risk rotting tires, corrosion on brake rotors and fuel components, and many other things. None of that is stated in any BMW literature either.

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.

I am fairly confident that BMW manufactures their own batteries, no?
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Old Jul 24, 2009 | 10:48 AM
  #12  
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Originally Posted by rrnag30' post='953119' date='Jul 24 2009, 02:43 PM
I am fairly confident that BMW manufactures their own batteries, no?
I have no idea and I never checked my battery. Anybody else?
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Old Jul 24, 2009 | 10:54 AM
  #13  
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Originally Posted by rrnag30' post='953119' date='Jul 24 2009, 11:43 AM
I am fairly confident that BMW manufactures their own batteries, no?
Eh, wrong answer, there is no auto manufacturer in the world that makes their own batteries. That's like saying "they make their own tires, don't they". Doesn't happen, it may SAY BMW on it, but it isn't actually made by them, it's farmed out to a subcontractor.
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Old Jul 24, 2009 | 10:56 AM
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Originally Posted by pjinca' post='953105' date='Jul 24 2009, 12:35 PM
This discussion is not about the actual design - unless you have PROOF that that the actual design of either the battery ( for which we can't really sue BMW) or the electrical systems were flawed and therefore caused the drain on the battery. I didn't see where you said you were an EE so I assume your Electrical Engineering skills are about the same as mine, in which case we have no way to prove it was in fact a design defect that caused it.
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.
You have completely misunderstood the nature of a class action lawsuit. One need not prove that everyone who owns a BMW has the same design defect. One need only prove that those who were certified in the class have it.

One need not be an Electrical Engineer to recognize that a $70,000 car should not fail to start unless you drive it one hour per day or more.
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Old Jul 24, 2009 | 10:59 AM
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Originally Posted by pjinca' post='953130' date='Jul 24 2009, 02:54 PM
Eh, wrong answer, there is no auto manufacturer in the world that makes their own batteries. That's like saying "they make their own tires, don't they". Doesn't happen, it may SAY BMW on it, but it isn't actually made by them, it's farmed out to a subcontractor.
Tata?

i did word that post incorrectly - it states BMW but we cannot figure out who the "subcontractor" is.
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Old Jul 24, 2009 | 11:09 AM
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Originally Posted by juris335' post='953137' date='Jul 24 2009, 02:56 PM
One need not prove that everyone who owns a BMW has the same design defect. One need only prove that those who were certified in the class have it.
Then how do you define the class?
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Old Jul 24, 2009 | 11:12 AM
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Originally Posted by pukka' post='953163' date='Jul 24 2009, 12:09 PM
Then how do you define the class?
The class is: anyone who is money hungry enough to sue
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Old Jul 24, 2009 | 12:06 PM
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Originally Posted by pukka' post='953163' date='Jul 24 2009, 01:09 PM
Then how do you define the class?
Good question, pukka. It is difficult to give a complete answer here. But generally, there is a Class Certification Hearing which determines whether a class exists and whether a class should be certified by the Court. This is in the early part of the case before any substantive discovery takes place. At that time, based on testimony, affidavits, expert testimony, a Court determines whether the class should be certified. Typically, the members of the class must have the same problem. So a Court could define the class as : members whose cars won't start unless they drive them 1 hour per day or more and who have made no modifications to the factory manufactured product and that are 2 years old or newer.

Unlike pjinca, who seems to have a fixation on money, I don't. If I were bringing the class action suit I would ask for the defective design to be fixed. All class action suits do not ask for money.
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Old Jul 24, 2009 | 12:10 PM
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Originally Posted by juris335' post='953264' date='Jul 24 2009, 01:06 PM
Good question, pukka. It is difficult to give a complete answer here. But generally, there is a Class Certification Hearing which determines whether a class exists and whether a class should be certified by the Court. This is in the early part of the case before any substantive discovery takes place. At that time, based on testimony, affidavits, expert testimony, a Court determines whether the class should be certified. Typically, the members of the class must have the same problem. So a Court could define the class as : members whose cars won't start unless they drive them 1 hour per day or more and who have made no modifications to the factory manufactured product and that are 2 years old or newer.

Unlike pjinca, who seems to have a fixation on money, I don't. If I were bringing the class action suit I would ask for the defective design to be fixed. All class action suits do not ask for money.
Wow, never heard a litigator say that before. My comment was based on the simple fact that this country is getting waaay too litigious, some things should just be common sense (like the label on the hairdryer "do not use in shower", well if you do that's not a fault of the company, that's Natural Selection - you were too stupid to live). Honestly, not being a lawyer I didn't know that class action suits can result in simply a design fix without monetary compensation. Thanks for clearing that up.
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Old Jul 24, 2009 | 09:02 PM
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Originally Posted by GregBrand' post='950975' date='Jul 22 2009, 09:18 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 !
How do other auto manufacts deal with the same problem? Dead batteries are the result of the "parastic effect" of electrical equipment in modern cars.

Who knows you might have a world-wide class action. LOL
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