Legal Question in Product Liability in Texas

We're 2 retired seniors, ages 75 and 71, who spent $30,000 for 2 wind turbines. They were installed by an Authorized Dealer of the Company (found on their website). The dealer/installer never could get the towers level and operating as they should. After about 3 months, the Company removed him as an Authorized Dealer and took over handling the problems themselves utilizing a Master Dealer who, after 3 service calls, could not fix the problems either. I started taking videos and posting them on YouTube in an effort to help all who worked on the wind turbines see what was going on from time to time. This has been going on now for over 18 months. The Company has acknowledged that the dealer/installer made many mistakes during installation, but promised us that THEY would resolve the issues even if it meant moving one of the turbines to another location on our property. All of a sudden the Company company file a law suit against us because the YouTube videos we posted (over an 18 month period) created negative impressions about their company, etc. What should we do? We never did get what we paid for. In fact the Company came 3 months ago and laid one tower on the ground where it remains today. The other unit is standing but not functioning properly as it remains unlevel.


Asked on 4/14/11, 5:40 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Well, if I were you I would hire a litigation lawyer and defend the suit and counterclaim for damages. I am not a product liability lawyer and although licensed in Texas have no interest in such a case. However, this sounds like case calling for a counterclaim. Since the pictures are presumably accurate and truthful, I don't see the basis for the company's suit. It sounds like what is called a SLAPP suit. Google that and you will see. Then check with a local lawyer in your area to see if such suits are illegal. They are in several states. Good Luck.

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Answered on 4/19/11, 12:52 am


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