Legal Question in Business Law in California

Re: Bought a dangerous car

Unfortunately, loose-lug-nuts cases are only good cases if the car is involved in an accident as a result and people are injured. Thank goodness you had your guardian angel looking after your lug nuts.

Re: Bought a dangerous car

Exposure to a risk that did not materialize and that has been remedied is not actionable. You may have a claim for the cost of the repairs, but even then you will have to show that this condition was present when you bought the car.

Re: Bought a dangerous car

I want to add something to my previous answer. What I said is correct in this case but may be confusing if applied to other cases.

Exposure to a risk can be actionable if the risk is still present when the plaintiff learns of it and if it causes emotional distress. For example, exposing someone to AIDS is actionable if she learns of the exposure before doctors can assure her she did not become infected.

Here, however, the risk of the tire falling off was cured as soon as it was discovered. The driver never had to wonder whether the loose tire was going to cause an accident. That is why I don't see much merit in the claim proposed by the user.

Re: Bought a dangerous car

I want to add something to what the previous attorneys have posted.

You are lucky that this is not a good case, because you have no damages. A lot of people think that just because someone did something wrong they should have to pay a lot of money. That is not the case, the purpose is to compensate someone for the damages they actually suffered.

Your case could have been good had your daughter actually been severely hurt. I am sure you will agree what happened is much better.

Your damages are limited to the cost of repairing the problem. The State, however, has an interest in knowing that this dealership let an unsafe car out on the road.

The DMV regulates auto dealerships. You should file a complaint with them. (dmv.ca.gov). If this dealer is making frequent mistakes, the DMV will do something about it, but they can only find out if people like you file reports.