Legal Question in Consumer Law in California

I purchased Spark plugs over the weekend from a large auto part supplier in my area. The plugs sold to me were too long and caused detrimental damage to my vehicle motor. I have spoken with the parts store manager and he verified the part and number in his computer. My receipt also has the part number and vehicle make and model and correct engine. It appears that the store has the part incorrectly entered in their system, I have verified this with the spark plug manufacture. Final question: Is the store responsible for Damages to my vehicle? The vehicle is now at the dealer with an estimated 3-10k worth of damage to the engine?


Asked on 9/27/10, 7:01 pm

2 Answers from Attorneys
Steven Simons Law Office of Steven A. Simons

The parts house will probably deny liability. However, I recently tried a case against Jiffy Lube for installng the wrong oil filter on a car that resulted in the engine failure and $17K worth of damage. The jury agreed with my client that the fault was Jiffy Lubes.

There may be other factors that need to be looked at but if the parts house says no - - - consult an attorney that is familiar with the law and, with some patience, you will likely win.

Good luck,

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Answered on 10/02/10, 8:09 pm

This seems like a straight up case of implied warranty of fitness for a particular purpose and damage to your car would be foreseeable consequential damages of the wrong size plugs. Sounds like you have a good case.

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Answered on 10/06/10, 11:19 pm


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