Legal Question in Business Law in Texas

Gas pump giving away gas after company installs new meter

I own a service station in Amarillo TX. On June 12, 2003, I had a local company come out and replace a meter in one of my gas pumps. Ever since this meter was installed I have been coming up short on my inventory. We had a line leak test run and I have a tank leak detector system and everything checks fine. I then had a test run on my pumps to see if they were dispensing the correct amounts. All of them were except for the one that had been replaced. The meter was registering 4.5 gallons although it was pumping 5.0 gallons. Therefore giving away about 10% to the customer. From the date of install until Jan 4 2003, that pump shows to have dispensed 42,000 although 46,200 gallons have been dispensed. I feel that I am owed about $6200.00 (4,200 X 1.463 avg retail/gallon) from the company who replaced this meter. Do I have a claim against them.


Asked on 1/06/04, 11:52 am

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Gas pump giving away gas after company installs new meter

It sounds as if you have a rock-solid case under the Texas Deceptive Trade Practices/Consumer Protection Act ("DTPA") for the defective meter, and easily calculated damages. Get a local attorney that knows the DTPA.

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Answered on 1/06/04, 12:04 pm
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Gas pump giving away gas after company installs new meter

Depending on the size of your business, you may or may not be eligible for relief under the DTPA. However, you may have a claim against the meter manufacturer, installer or others in the chain of commerce for negligence or breach of warranty. Did you sign any documents related to this transaction, or was any certification of the meter's accuracy made or shown to you?

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Answered on 1/06/04, 1:20 pm


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