Migliaccio & Rathod LLP is investigating reports that certain Can-Am Defender DPS CAB side-by-side vehicles may allow water to enter the enclosed cab despite being advertised as having a “fully sealed” cab and as a “weatherproof workhorse.”
The Can-Am Defender has been marketed using unusually specific representations about protection from the elements, including:
“COMPLETELY COVERED. Fully sealed cab for less dust, more protection from the elements—your weatherproof workhorse has arrived.”
Consumers purchasing a factory-enclosed Defender may reasonably expect the cab to keep ordinary rain and water from entering the passenger compartment.
Some owners, however, have reported water entering around roofs, windshields, windows, doors, or other cab seams, including repeated problems that were not permanently corrected after dealer service.
Consumers Report:
- rainwater entering the enclosed cab;
- leaks around the roof or windshield;
- water entering around windows or doors;
- water collecting near switches or interior components;
- repeated attempts to reseal the cab;
- dealer repairs that fail to permanently stop the leaking;
- difficulty keeping the interior dry during ordinary rain; and
- frustration after purchasing a premium enclosed-cab model specifically for weather protection.
Why the Advertising May Matter
The Can-Am Defender was not merely marketed as more comfortable or better protected than an open side-by-side.
The company expressly used the terms “fully sealed” and “weatherproof.”
Migliaccio & Rathod is investigating whether certain factory-cab Can-Am Defenders actually provide the level of weather protection consumers reasonably expected from those representations and whether recurring water intrusion reflects a common sealing or design problem.
Potential Claims May Include:
- false or misleading advertising;
- breach of express warranty;
- breach of implied warranty;
- defective cab or sealing-system design;
- failure to provide an effective repair;
- unfair or deceptive trade practices; and
- diminished-value or repair damages.
Signs You May Be Affected:
- You purchased a Can-Am Defender DPS CAB or related factory-enclosed Defender;
- the “fully sealed” or “weatherproof” advertising influenced your purchase;
- rainwater enters the cab around the roof, windshield, windows, or doors;
- you have repeatedly returned the vehicle for leak repairs;
- sealing or roof repairs did not permanently correct the problem;
- water has collected near switches or other interior components; or
- you have photographs or videos showing water entering the factory cab.
If you purchased a Can-Am Defender factory-cab model because of its advertised weather protection and have experienced recurring water intrusion, we would like to hear from you.
Please complete the contact form on this page, send us an email at [email protected], or give us a call.