Caravan litigation on the rise

Shonky caravan manufacturers are regularly being punished for selling vans not ‘fit for purpose’ under consumer protection laws, along with other issues relating to non-compliance.

Colin Young from the independent Caravan Council of Australia says he receives numerous calls for help from disgruntled caravan buyers, dealing with issues from water leaks to insufficient payloads and squishy bathrooms.

“The Competition and Consumer Act says everything has to be safe, compliant, fit for purpose and acceptable quality, so if (the caravan is) heavier than stated or advised, or you don’t have the intended load carrying capacity… it’s not fit for purpose and (the law) is very much in favour of the consumer,” Young says.

“I'd say about 10 per cent of all complaints (I hear about) which probably average four or five (calls) a day, head towards court and of those I’d say about 90 per cent of them are resolved literally on the doorstep of VCAT or the Magistrates Court,” he claims.

“There’s one case on at the moment where should I say a rather stout lady is taking action against a manufacturer, because the sales person should have realised that she couldn’t have fitted into the toilet and the shower opening… That’s how far this duty of care extends, and that could be an interesting case.

“Normally you consider the 95th percentile, so you don’t have to worry about Sumo wrestlers and basketballers, but this could be a very valid case…”

“I can’t give out too many details but there’s so much litigation,” he claims.

Young says problems are often a result of ignorance caused by a lack of education of manufacturers, dealers and salespeople.

“Whereas (most of the larger manufacturers) professionally design the vehicles, particularly in regards to the running gear, the ratings and the masses, a lot of the small ones, they don’t know and they don’t care.

“It’s very disappointing, all the problems that are out in the field.”

Young cites a case of a $120,000 van towed by a LandCruiser with two empty water tanks ahead of the axle and 360kg ball weight, “so he couldn’t even legally tow it empty”.

“People have made vans over three and a half tonnes but still used couplings that were only (rated) up to three and a half tonnes,” he claims.

Young also points the finger at current legislation that allows Australian manufacturers and importers to self-certify RVs under 4500kg.

“The biggest problem is this stupid, so-called self-certification for caravans and trailers under four and a half tonnes, particularly where so many of the small manufacturers are hideously under-resourced, legally, financially and technically… It just goes against them, and is very much in favour of the consumer.

“(With self-certification) Fred can start up a caravan business tomorrow not knowing a thing about (Australian Design Rules) or the law, and I’d say apart from (manufacturers that are doing the right thing) 90 per cent of the information on trailer (VIN) plates is not complete or not correct.

“There’s been so many (caravan) companies going to the wall and I’m aware of a few others that are also in trouble. A lot of it stems from litigation and a lot of them just start up under another $2 company name," he claims.

“It's a dog-eat-dog industry out there and too many smaller ones unfortunately are cutting corners, and they may have got away with it in the old days but there are some very hungry barristers out there…”

Young advises caravan buyers to do their homework and protect themselves by presenting a comprehensive caravan buying checklist, like that offered on the CCA website, to a dealer or manufacturer in the first instance, to help ensure the finished product is up to scratch.