RV's, boat, and pleasure craft - extra damages are allowed.
by Fred A. Pharis, J.D.
What hurts more - having a defective car or truck that you can't use or keeps breaking down with excessive repairs and continued headaches, or taking your new boat, RV, camper, trailer, or four-wheeler that you use 6 - 10 times our and having breakdowns, down time, and spoiled trips?
Your car or truck is very important. But, because of the way the law has developed in Louisiana the last two centuries, you can only recover damages for "mental anguish", humiliation, embarrassment, etc., if caused by trying to use a defective pleasure vehicle.
These "general damages" usually mean an add-on to the end value of a settlement or judgment of anywhere from a few thousand to several thousand dollars.
Case in point: Poche and friend purchased a souped up offshore fishing boat that had engine problems. For four years they tried to get the manufacturer, Bayliner Marine to try to do something about it. When the manufacturer didn't respond, they took it to court. The court not only granted a rescission of the sale, but $10,000 apiece for their headaches.
Now you get the idea. If it's for pleasure, what you do on the weekends with buddies or your family, you get something extra for the lost pleasure. But not for the headaches associated with your family car or truck. That is the present state of the law.