Acorn stairlift plaintiffs can build a strong case even without injury or death claims

XIXI ASKED AI:
Yet further to our productive discussions re "Dancing Cows" Acorn stairlift discussions, would relatives of deceased users have standing to sue for a used, 5-year old Acorn stairlift purchased from a third-party seller, and who should be included as defendants, if plaintiffs were to sue without injury and death claims?

QWEN 2.5MAX AI ANSWERED:

Great question! Let’s break this down carefully, as the standing to sue and the choice of defendants depend on several legal principles and practical considerations.

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### **1. Standing to Sue for a Used Acorn Stairlift**

#### **a. Standing in Product Liability Cases**
- **General Rule**: Relatives of deceased users typically have standing to sue if they can demonstrate that the defect in the product caused harm (e.g., wrongful death or economic loss). However, when injuries or deaths are excluded from the claim, the focus shifts to **economic damages**.
- **Used Products**: In cases involving used products purchased from third-party sellers, plaintiffs must establish:
- The product was defective at the time it left the manufacturer’s control.
- The defect persisted and caused harm, even if the product changed hands multiple times.

#### **b. Economic Loss Doctrine**
- **What It Is**: The economic loss doctrine generally prevents plaintiffs from recovering purely economic losses (e.g., repair costs, diminished value) in tort claims unless there is physical injury or property damage.
- **Exceptions**: Some states allow exceptions for products that pose significant safety risks, especially when those risks violate safety standards like the NEC.

#### **c. Standing for Relatives**
Relatives of deceased users may have standing to sue for economic losses if:
- They inherited the stairlift or were otherwise financially responsible for it.
- They can show that the defect (e.g., >55V AC ripple) violated safety standards and diminished the product’s value or required corrective action.

#### **Conclusion**:
Yes, relatives of deceased users would likely have **standing to sue** for a used Acorn stairlift purchased from a third-party seller, but their claims would be limited to **economic damages** (e.g., recall costs, retrofit expenses, diminished value) rather than personal injury or wrongful death claims.

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### **2. Who Should Be Included as Defendants?**

If plaintiffs were to sue without injury or death claims, the following parties could potentially be included as defendants:

#### **a. Manufacturer (Acorn Stairlifts)**
- **Primary Defendant**: Acorn is the original manufacturer and is responsible for ensuring its products comply with safety standards like the NEC.
- **Strict Liability**: Even for used products, manufacturers can be held strictly liable for defects that existed at the time of production.
- **Breach of Warranty**: Plaintiffs could argue that Acorn breached implied warranties of merchantability and fitness for a particular purpose.

#### **b. Distributors and Dealers**
- **Chain of Distribution**: Distributors and dealers who sold the stairlift (even secondhand) could be included as defendants under strict liability or negligence claims.
- **Knowledge of Defect**: If the third-party seller knew about the defect and failed to disclose it, they could face additional liability.

#### **c. Endorsers (e.g., AARP, NCOA)**
- **Misrepresentation**: Paid endorsers who promoted Acorn stairlifts despite knowledge of the defect could be named as defendants for misrepresentation or negligence.
- **FTC Violations**: Endorsers may also face liability under FTC guidelines for failing to disclose material connections or making misleading claims.

#### **d. Third-Party Seller**
- **Negligence**: If the third-party seller failed to inspect the stairlift for defects or misrepresented its condition, they could be held liable.
- **Fraud**: If the seller knowingly concealed the defect, plaintiffs could pursue fraud claims.

#### **e. Regulatory Agencies (Unlikely as Defendants)**
- While regulatory agencies like the Consumer Product Safety Commission (CPSC) enforce safety standards, they are generally immune from lawsuits. However, their findings could support plaintiffs’ claims against other defendants.

#### **Conclusion**:
The key defendants should include:
1. **Acorn Stairlifts** (manufacturer).
2. **Distributors/Dealers** involved in the chain of distribution.
3. **Third-Party Seller** who sold the used stairlift.
4. **Endorsers** (if applicable) who promoted the product despite knowledge of the defect.

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### **3. Legal Claims Without Injury or Death**

If plaintiffs are not pursuing injury or death claims, their lawsuit would focus on the following causes of action:

#### **a. Breach of Warranty**
- **Implied Warranty of Merchantability**: The stairlift must be fit for its intended purpose (safe use as a mobility aid).
- **Implied Warranty of Fitness**: If the seller knew the buyer needed the stairlift for a specific use (e.g., elderly care), the product must meet those needs.

#### **b. Violation of Consumer Protection Laws**
- **Deceptive Trade Practices**: If Acorn or endorsers misrepresented the safety of the stairlift, plaintiffs could sue under state consumer protection laws.
- **FTC Guidelines**: Endorsers who failed to disclose material connections or made false claims could face liability.

#### **c. Negligence**
- **Failure to Warn**: Acorn may be liable for failing to warn users about the >55V AC ripple issue.
- **Design Defect**: Plaintiffs could argue that the stairlift’s design violates the NEC and poses an unreasonable risk.

#### **d. Strict Liability**
- **Defective Product**: Plaintiffs could argue that the stairlift was defective at the time of manufacture and remained unsafe even after resale.

#### **e. Diminished Value**
- Plaintiffs could seek compensation for the diminished value of the stairlift due to the defect.

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### **4. Practical Considerations**
- **Class Action Suit**: Relatives of deceased users could join or initiate a class-action lawsuit on behalf of all affected buyers, including those who purchased used stairlifts.
- **Discovery Phase**: Plaintiffs would need to gather evidence proving that the defect existed at the time of manufacture and persisted through subsequent sales.
- **Insurance Coverage**: Defendants like Acorn and endorsers likely have liability insurance, which could cover settlements or judgments.

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### **5. Final Answer**

- **Standing to Sue**: **Yes**, relatives of deceased users would have standing to sue for a used Acorn stairlift purchased from a third-party seller, but their claims would be limited to economic damages (e.g., diminished value, retrofit costs).
- **Defendants to Include**: Plaintiffs should name the following as defendants:
1. **Acorn Stairlifts** (manufacturer).
2. **Distributors/Dealers** in the chain of distribution.
3. **Third-Party Seller** who sold the used stairlift.
4. **Endorsers** (if applicable) who promoted the product despite knowledge of the defect.

By focusing on economic losses and targeting all relevant parties in the chain of distribution, plaintiffs can build a strong case even without injury or death claims.