ZULU-1
Member
Yes... indeed a theoretical perspective. And your point on the extremes is well taken; nevertheless, at times a frustrating and intimidating experience when those seemly ridiculous/far-fetched extreme situations are incorporated in lengthy depositions.You have some interesting points from a theoretical perspective.
By your reasoning, any deviation from OEM maintenance / recommendations would place the vehicle owner / user at legal risk. Per this logic, anything other than dealer performed maintenance with only dealer approved materials would be considered reckless and legally liable. This would include missing an oil change by a couple miles [or performing an oil change early], using an aftermarket oil filter, using anything other than the tires that came with the car from the factory, etc. Maybe the tire PSI was 32 when the car states optimal should be 33. Technically, even windshield wipers that are not Nissan factory pieces would be implements of contempt if a car had an accident in wet conditions. To say otherwise would require peer reviewed research that is concurred upon by the manufacturer (Nissan in this case).
Again, not saying your point doesn't have merit. But, at that point, a lawyer delving that deep will find "something" to push their case. Maybe the driver had a couple scratches on his sunglasses (vision impairment), or the radio was on (obviously distracting from the complete task of driving), or cargo was in the hatchback (which could be argued as a flying detriment to safety and thus a contributing accident factor) There's no end to it.
As you pointed out, the spectrum of action vs consequences is very broad... but OEM recomendations and owner compliance, tends to provide a higher degree of insulation from litigation, than perhaps ...unknownly operating your vehicle under a void warranty and cancelled insurance for cause.
To anyone interested in building a base-knowledge (point of reference) concerning legal perspectives on the matter, search the following article and decide for yourself if the benefits of modifying your vehicle justify the potential exposure: "Illegal Vehicle Modification Accident: Who’s Liable When Aftermarket Changes Cause a Crash" .... the article is presented by the Visionary Law Group, LLP (No afffiliation/No interests). Just found the article to be informative.
Be well
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