Q: Purchase of a food trailer that failed inspection after I was given the go ahead to build by my states Health Dept.

A: I'm sorry to hear about the difficulties you've encountered with your food trailer. In situations like this, determining who is at fault can be complex, as it involves multiple parties and the specifics of contracts, approvals, and inspections.

Potential Factors to Consider:

Health Department’s Role:

If the health inspector initially gave you approval to proceed with the build and then failed the final inspection, there might be some accountability on their part. However, government agencies often have limited liability, and the specifics of what was approved versus what was inspected could be crucial.

Manufacturer’s Responsibility:

Even though you signed a contract with the manufacturer, they are still responsible for delivering a product that meets the agreed specifications and health department regulations. If the trailer was built to the approved plans but failed due to issues outside of what was agreed upon or approved, the manufacturer might have some liability.

Contractual Agreements:

The details of the contract you signed with the manufacturer are critical. If the contract included specific clauses about meeting health department standards, and the trailer failed inspection, this could affect liability. However, since you lost the court case, it appears the court did not find the manufacturer at fault based on the contract terms.

Legal Recourse:

Depending on the specifics of the case, you might explore whether there are any other legal avenues, such as an appeal or a complaint against the health department, if applicable. It could also be beneficial to consult with a legal professional to review the court’s decision and determine if there’s any potential for further action.

Given the complexity of your situation, it would be wise to consult with an attorney who can analyze the specifics of your case and advise on any possible next steps. If you need assistance, please visit www.gastelumattorneys.com or contact our office at 702-979-1455. We're here to help you navigate this challenging situation.

A: In a situation like this, determining fault can be complex, especially when you've already taken legal action and the court has ruled against you. Here are some considerations:

1. Health Department’s Role:

If the health department initially approved your food trailer build and then failed the final inspection, it raises questions about the consistency and clarity of their guidelines. However, government agencies often have limited liability, and it may be difficult to hold them accountable.

2. Manufacturer’s Responsibility:

The manufacturer is responsible for building the trailer according to the agreed-upon specifications and ensuring it meets regulatory standards. However, since you lost in court, it appears the court did not find the manufacturer at fault, possibly due to the terms of the contract you signed.

3. Contractual Obligations:

The outcome of your court case likely hinged on the specific terms of your contract with the manufacturer. If the contract explicitly stated that the trailer would meet health department standards, but the court still ruled against you, it suggests that the language of the contract may have protected the manufacturer.

4. Next Steps:

Since you've already taken the manufacturer to court and lost, your options may be limited. However, you might consider consulting with another attorney to review the case, the contract, and the court's decision. There may be other avenues to explore, such as an appeal, depending on the specifics of the case.

For personalized legal advice and to explore your options further, I recommend visiting www.gastelumattorneys.com or contacting our office at 702-979-1455. We can help you assess the situation and determine if there are any additional steps you can take.