If an auto parts store sold me a wrong size freeze plugthat came out and ruined my motor, can they be held responsible?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an auto parts store sold me a wrong size freeze plugthat came out and ruined my motor, can they be held responsible?

Asked on April 12, 2011 under General Practice, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may be able to sue the store for negligence.  Negligence is based on the failure to exercise due care (that degree of care that in this case a reasonable auto parts store would have exercised under the same or similar circumstances to prevent foreseeable harm).  In order to prove negligence, you will need to prove breach of the duty of care, actual cause and proximate cause.

Breach of the duty of care means the failure to provide the correct size freeze plug.  Actual cause means but for the store providing the wrong size freeze club, would your car have been damaged? If the answer is no, which appears to be the case, you have established actual cause.  Proximate cause means were there any unforeseeable intervening events which would relieve the store of liability?  If the answer is no, you have established proximate cause.  You have now established negligence and your damages (the amount you are seeking in your lawsuit) would be the cost of repairs to your car.  You will need to mitigate (minimize) damages by selecting a repair shop whose charges are comparable to other repair shops in your area.  If you select the most expensive repair shop you can find, your damages will be reduced accordingly.

If the freeze plug itself was defective, you would have a products liability claim against both the store and manufacturer.  Products liability would include claims for negligence and strict liability against both the store that sold you the part and the manufacturer.  Strict liability imposes liability even if the manufacturer and store exercised due care.  Strict liability imposes liability even if the store could not have determined that the part was defective.   Damages would again be based on the cost of repairs to your vehicle.

If the part was NOT defective and was only the wrong size, you do NOT have a products liability claim.  Your claim would only be for negligence against the store that sold you the part as mentioned above.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption