Legal Question in Consumer Law in California

kragen sold wrong part

my motorhome needed a water pump. I went to Kragen auto parts and the clerk sold me the part that he said based on his personal experience was the correct part. It was not. it rubbed agains the fan belt causing it to break and the vehicle to overheat leaving me stranded hundreds of miles from home. It will cost $200 to tow the vehicle and $1200 to repair. Is Kragen liable for selling the part or am I liable because I trusted their so-called expertise?


Asked on 7/08/07, 1:28 pm

2 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: kragen sold wrong part

Because you told the employee what you needed, and because the employee represented to you that the part he sold you was the proper part, and because that part caused the damage, the store is liable. This is a breach of warranty case. The question is, how much is the store liable for?

They are probably liable for the injury to your motorhome (the $1200), but maybe not for the cost to tow it ($200). You should politely call the store, ask to speak to the manager of the store. Explain what happened and request that they cover your damages. Maybe they'll write a check for the whole thing. If not, you might have to take a shot at small claims court (or pay a lawyer to draft a demand letter).

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Answered on 7/09/07, 1:20 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: kragen sold wrong part

It depends. Did they look it up in the computer? All of the auto parts stores I go to ask you for the make and model, look it up in the computer and then get the part. If they did that, they are probably not responsible. If they deviated from their policy, then they may be on the hook. But you have to prove it was the part that caused the problem and not your installation of the part!

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Answered on 7/08/07, 8:52 pm


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