A colleague of mine recently received a call from a gentleman who purchased a new Mazda MX-5 Miata. After taking delivery, he learned that the car's total weight capacity is only 340 lbs, including passengers and cargo. The PC weights 230 lbs, which means that when he is driving, he can't carry a passenger weighing more than 110 lbs, and then he's in trouble if he wants to pick up a quart of milk. He can't ride in the car with his teenage son without exceeding the limit.
Load Capacity Limits You Need To Know About
Seems like a merchantability issue to me. According to the to the Center for Disease Control, in 2010, the average weight of an American male was 196 lbs and the average weight of an American woman was 166 lbs. Put them together, and they're 22 lbs over capacity. How can these 2-seater cars be marketed to consumers who are going to assume that the car will accommodate two adults of average weight? PC tells me that the dealership claimed that they didn't know about the limit and that they told him that have a 300 lb salesman who's been riding with prospective customers in test drives.
Be aware of weight capacities when buying a car or vehicle. Overweighted vehicles can cause problems with longevity and safety of your vehicle.
My guess is that these Miata breach the warranty of merchantability which comes with every vehicle unless properly disclaimed, and the law does not permit a disclaimer if the vehicle is accompanied by a written warranty from the manufacturer or seller. If you have a question about a vehicle that you have purchased without a proper disclaimer contact The Consumer Law Group today at 804.282.7900.