Legal Question in Consumer Law in California

Re: Auto parts shop sold me the wrong oil filter

Hard to say. You obviously depended on their expertise to provide you with the right oil filter. It could be that they relied on a book that said that it was the correct oil filter.

Basically, that means that they could blame the publisher of the guide.

In any case, they would have to show that your negligence contributed to the problem, which they probably can't do.

Your problem is that the cost of a lawsuit could be high, unless you go through small claims. If you do that, then you are limited to $5000.

Good luck.

Re: Auto parts shop sold me the wrong oil filter

There could be a breach of express and implied warranty here, which does not require proof of fault necessarily, and which wouldn't be affected technically by your own negligence. Does the contract you signed with the parts guy mention attorneys fees...if so, you might hire a lawyer to sue for breach of warranty.

If going on pure negligence, you may have some fault here, and therefore be subject to a reduction in damages for whatever percentage of fault the jury finds is yours. it might be a low percentage, because you are entitled to rely on the parts store, that has superior knowledge.

Re: Auto parts shop sold me the wrong oil filter

it could go either way.