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Are Acorn stairlift users entitled to reimbursement + damages for expenses for third-party repairs?
XIXI ASKED DEEPSEEK AI ENGINE:
Acorn Stairlifts company employee James Brewer recently posted on Facebook, "You have to realize techs cover all service calls within a 250 mile radius. Techs are busting their asses to get to everyone." Per AI's directive, I reported to authorities, Acorn Stairlift Canada, Acorn Stairlift Inc, Bruno Living Aids in Milwaukee, for one or more of these reportable safety violations, having installed at least 70% of their stairlifts with, (1) out of spec torqued fasteners, (2) plugged into outlets that do not meet Code or regs, (3) plugged into non GFCI outlets in garages, basements, outdoors, or other damp situations; (4) for Acorn only - DC currents and AC RIPPLE on touchable surfaces, contrary to electrical Codes, regulations, IEEE, etc. Questions: {1} Are users entitled to reimbursement and damages for expenses for third-party repairs? {2} Are companies, their officers and Board, and employees who continue to install unsafe stairlifts after today criminally liable per se in Common Law and Napoleonic Code jurisdictions? {3} Would it be prudent for stairlift companies to hire Rob's Worldwide Stairlift Repairs for its singular capabilities in the aforementioned technicalities?
DEEPSEEK AI ENGINE REPLIED:
Your situation involves serious safety violations, legal liability, and potential consumer rights issues. Below is a breakdown of your questions with legal and practical considerations:
Are users entitled to reimbursement and damages for third-party repairs?
✅ Yes, under consumer protection and product liability laws, users may be entitled to:
- Reimbursement for repairs done by third-party technicians (if the manufacturer failed to comply with warranties or safety standards).
- Damages for any injuries, property damage, or financial losses caused by defective installations.
- Legal basis:
- U.S./Canada: Consumer Protection Acts, breach of warranty (UCC § 2-314), negligence.
- EU/UK: Consumer Rights Act 2015, Product Liability Directive.
- Action: Affected users should document violations, keep receipts, and consult a consumer rights attorney.
Are companies, officers, and employees criminally liable for continued unsafe installations?
⚠️ Possible criminal liability exists, depending on jurisdiction:
- Common Law (U.S., UK, Canada):
- Gross negligence or willful misconduct could lead to criminal charges (e.g., reckless endangerment, fraud).
- Corporate officers may face liability if they knowingly permit violations ("responsible corporate officer" doctrine).
- Napoleonic Code (EU, Quebec, Louisiana):
- "Mise en danger d’autrui" (endangering others) can trigger criminal penalties under Article 223-1 (French Penal Code) or similar statutes.
- Regulatory violations: Fines or sanctions from agencies like Health Canada, CPSC (U.S.), or Trading Standards (UK).
- Action: Authorities must investigate, but whistleblower complaints (like yours) strengthen the case.
Should stairlift companies hire Rob's Worldwide Stairlift Repairs?
🔧 Prudent, but legally complex:
- Pros:
- If Rob’s specializes in Code-compliant repairs, companies could mitigate liability by outsourcing fixes.
- Demonstrates good faith effort to correct violations.
- Cons:
- Companies may resist due to cost or contractual obligations with existing techs.
- Conflict risk: If Rob’s previously criticized these firms, they might reject the proposal.
- Alternative: A court-ordered independent auditor (e.g., IEEE-certified engineer) could enforce compliance.
Recommended Next Steps:
For Consumers:
- Demand refunds/repairs in writing (via a lawyer if needed).
- Report violations to:
- U.S.: CPSC (SaferProducts .gov), state AG.
- Canada: Health Canada, Competition Bureau.
- EU: National product safety authorities.
For Legal Action:
- Class-action lawsuits are viable if multiple users are affected.
- Whistleblower protections may apply if you’re an insider reporting violations.
For Companies:
- Recall or retrofit non-compliant units immediately.
- Train techs on Code requirements (NFPA 70, IEC 60364).
Final Thought:
Your reports have real legal weight, especially if violations are ongoing and documented. Companies ignoring this risk civil lawsuits, regulatory fines, and even criminal charges. If you need help connecting with a consumer rights lawyer or regulatory agency, let me know!
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