This Judge on this case (I am not involved in this case, just happened to see it, have no ties to these people, never heard of them prior) I do believe made a decision to dismiss EXPEDIA from any accountability. (Hofer v Old Navy)
EXPEDIA from what I am reading does not think they have any responsibility towards their customers from their sellers warrantees. Massachusetts law states "as is" warrantees are not allowed in this state, re: product liability law. That the seller must know prior to selling that the product is worthy of the sale.
I also thought that the sentence on a contract that states you must go to another state and give up your right to pursue a lawsuit in Massachusetts is illegal here.
I am wondering why the Judge on this case let them off so easily when all of the product liability laws are known to many residents here in our state. I also read that the Judge stated that the Courts do not usually bring travel sellers in on these cases so that is why they are off? That is not true there are thousands upon thousands of cases successfully won against travel sellers and I do wonder if our state is behind on this or what.
Travel law is big and no these sellers are not dismissed as an usual scenerio as what I read towards this case.
If we are to buy online travel packages and most people do this now, then on what level are they not responsible in the sales towards citizens? They are the first part of the travelling that you will be doing and yes all buyers are reliant on the intitial sale and do expect that it would be a safe sale, and that the packages or whatever they are selling are reliable and in good conditions and safe. If we the citizens do not make our Courts and sellers live up to what they should then we will be in big trouble now that the internet is the most popular way to buy travel goods and services.
So why did the Judge decide to let them off of this case this way? Who is it benefitting to do so? There are so many written stories especially about EXPEDIA online of unhappy customers that were left to be ignored when they complained about their trips and to honestly let them off of a personal injury case when they sold it just does not seem to match up with our laws at all.
Are our Courts turning into money making/saving systems, legal game playing systems or are the laws being followed as they are written? The citizens pay for the Courts and expect they will be protected in all areas when they use them, perhaps another topic for the new President to be more heavily involved in, cleaning up all the Courts for all of us and that statement does not reflect onto this case here, but is a national type of comment.
So what are the true laws sellers of travel are supposed to be accountable for in our state according to product liability laws and statements of you must go to another state for legalities if there is a problem? If someone purchases it in this state then how can they be made to go elsewhere if something is wrong, that kind of goes against other laws.
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