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Suing nissan possibilty?

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Old Feb 3, 2008 | 11:42 PM
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Default Suing nissan possibilty?

hey wsup guys i was wondering how possible it would be to win a case against nissan. so this is what im pissed about, its the hatch. so my problem is with the cars hatch trunk and i know that all if not everyone here on the forum has been hit on the back of the head by the hatch falling due to maybe a leaky shock strut. i mean there could be many things, like what if someone that was hit by the trunk some how caused brain damage to that individual, i mean thats some serious permanent damage to your health. im only bringing this up because the hatch landed on my arm the other day and my arm was killing me for a while, but other than that im really not even going to consider suing nissan, just because i don't have the time and plus no real problem. let me know what you guys think
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Old Feb 3, 2008 | 11:52 PM
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Originally Posted by lilaznxboi08
hey wsup guys i was wondering how possible it would be to win a case against nissan. so this is what im pissed about, its the hatch. so my problem is with the cars hatch trunk and i know that all if not everyone here on the forum has been hit on the back of the head by the hatch falling due to maybe a leaky shock strut. i mean there could be many things, like what if someone that was hit by the trunk some how caused brain damage to that individual, i mean thats some serious permanent damage to your health. im only bringing this up because the hatch landed on my arm the other day and my arm was killing me for a while, but other than that im really not even going to consider suing nissan, just because i don't have the time and plus no real problem. let me know what you guys think
I'm no attorney, but I don't think you can sue unless that hypothetical situation actually occurs. You could probably get them replaced with warranty repairs though.
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Old Feb 4, 2008 | 12:16 AM
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I think you need to get a life!
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Old Feb 4, 2008 | 12:24 AM
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It would never get to court.

I sued Nissan, but they settled a few days after my attorney sent them notice of our intent to bring a case against them. I haggled for a week or so and wound up with a reasonable settlement for my problems.

My problems were more severe, however. I don't think your situation would warrant anything other than getting it fixed at the dealership. If your injury caused significant medical bills or lost work, then it may be worth discussing with an attorney.
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Old Feb 4, 2008 | 12:51 AM
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exactly dude...**** happens, stop crying about it.

you wouldnt win if you tried
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Old Feb 4, 2008 | 01:35 AM
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How old is your Z? Normal "wear and tear" is just part of getting old.

My '94 Integra (with 258,000 miles) has a hatch that also falls on my head. I ain't suing nobody.
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Old Feb 4, 2008 | 01:40 AM
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Actually, I noticed my trunk wouldn't stay up either the other day when I had it open. I've probably only opened it 15-20 times since I bought it and I bought it 9 months ago brand new. So it must be a common problem. I don't know when I'm going to find the time to go to the dealership to get it fixed. Besides, a few months later the same problem might be back if it's a common problem...
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Old Feb 4, 2008 | 01:49 AM
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Originally Posted by MC
my hatch on my old Z fell on my head once, that center metal part came right down and hit me in the back of the head.

i said "**** that hurt" , and moved on with my life
+1

Just don't give Nissan your money if you buy replacement struts. These are less $$ than OEM and work better (I have 'em):

https://my350z.com/forum/body-exterior/251518-fs-heavy-duty-hatch-struts-9.html
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Old Feb 4, 2008 | 03:06 AM
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I don't know if you guys put a spoiler on after purchasing the car or not. However, Nissan has heavy duty stuts just for this situation. They came with my factory upgraded spoiler.

In cold weather with a heavier than normal hatch (spoiler added) the hatch will drop when the oil thins out in the strut.

On my 2001 Pathfinder with added dust spoilerl the hatch is now getting a little weak from wear and loss of pressure I assume. So, I'm looking at replacement struts. Right now it just doesn't open all the way with pressure like it used to by itself. However, it does hold up the hatch and hasn't hit my head. This slow degregation is telling it's time to buy new struts.

So life goes on. Please be careful out there. Especially if it's cold these struts can fail and conk you on the head. Lol !!! Move on ......

Peace, Out ....

Last edited by Z_Driver; Feb 4, 2008 at 01:21 PM.
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Old Feb 4, 2008 | 03:12 AM
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Originally Posted by Z_Driver
I don't know if you guys put a spoiler on after purchasing the car or not. However, Nissan has heavy duty stuts just for this situation. They cam with my factory upgraded spoiler.

In cold weather with a heavier than normal hatch (spoiler added) the hatch will drop when the oil thins out in the strut.

On my 2001 Pathfinder with added dust spoilerl the hatch is now getting a little weak from wear and loss of pressure I assume. So, I'm looking at replacement struts. Right now it just doesn't open all the way with pressure like it used to by itself. However, it does hold up the hatch and hasn't hit my head. This slow degregation is telling it's time to buy new struts.

So life goes on. Please be careful out there. Especially if it's cold these struts can fail and conk you on the head. Lol !!! Move on ......

Peace, Out ....
Actually I think that's what it was. I don't have a spoiler and have never had a problem until the other day. But it was somewhat cold which is not very common for central Florida (around 40 or 50 degrees at night). So that's probably what it was.
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Old Feb 4, 2008 | 03:21 AM
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Yeah they wear out or lose pressure. After market struts can be bought for like $17 each. Factory wants like $50 each or more. They're crazy.
I have replaced so many of those with the $17 struts. It's easy and in many cases works better than the factory ones did originally.

It's just sucks when you have to replace all four at the same time. Aftermarket $70 ... Factory $200 plus .... This is one thing I do not buy from the factory.

Good luck ...
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Old Feb 4, 2008 | 03:28 AM
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This case screams Class Action!

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Old Feb 4, 2008 | 03:30 AM
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I swear this country has no sense of personal responsibility.

What's next? Suing Nissan because you banged your knee on the door?
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Old Feb 4, 2008 | 04:09 AM
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Originally Posted by taurran
I swear this country has no sense of personal responsibility.

What's next? Suing Nissan because you banged your knee on the door?
+1
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Old Feb 4, 2008 | 04:12 AM
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I doubt if any lawyer will take the case. Maybe if you were paralyzed when the hatch hit you on the head. On it smacked you in the head and killed you. There's just no money in “My arm hurts.”
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Old Feb 4, 2008 | 04:33 AM
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Originally Posted by lilaznxboi08
hey wsup guys i was wondering how possible it would be to win a case against nissan. so this is what im pissed about, its the hatch. so my problem is with the cars hatch trunk and i know that all if not everyone here on the forum has been hit on the back of the head by the hatch falling due to maybe a leaky shock strut. i mean there could be many things, like what if someone that was hit by the trunk some how caused brain damage to that individual, i mean thats some serious permanent damage to your health. im only bringing this up because the hatch landed on my arm the other day and my arm was killing me for a while, but other than that im really not even going to consider suing nissan, just because i don't have the time and plus no real problem. let me know what you guys think

Ummmm all cars do that when the struts get weak. It isn't a defective struts or Nissan's fault. They wear out after time. Get some replacements and be done.

I hate sue happy people.
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Old Feb 4, 2008 | 04:59 AM
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Originally Posted by SOLO-350Z
Ummmm all cars do that when the struts get weak. It isn't a defective struts or Nissan's fault. They wear out after time. Get some replacements and be done.

I hate sue happy people.
I wouldn't sue over it, but mine shouldn't be worn out yet. The car isn't even a year old and I've only opened the trunk like 15-20 times...
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Old Feb 4, 2008 | 05:01 AM
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The struts definitely need to be looked at by Nissan. Mine wore out as soon as the cold weather hit (within 8 months). Many of the Z-people I know also have worn out struts.
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Old Feb 4, 2008 | 05:09 AM
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Originally Posted by 2007-Z
I wouldn't sue over it, but mine shouldn't be worn out yet. The car isn't even a year old and I've only opened the trunk like 15-20 times...
Mine haven't even had a issue yet and I use my trunk every day. Did you add a spoiler or something to the hatch and not upgrade to larger struts? That will cause it.
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