Legal Question in Product Liability in California

Neglect

I purchased a used Vehicle from a major dealership, the vehilce was not inspected, there were two recalls on the vehicle, neither one of them had been repaired by this dealership. The breaks on the vehicle were on one side metal to metal and the other had only 10% left on it, which almost caused a serious accident, with my entire family in the car and a few family and friends following in the car behind. When I finally got home, I called the dealership and explainded what had just happened and asked them to come pick up the vehicle, since it could not be driven, I was told "no" and that reguardless that I had only owned the vehicle for approximatley 20 days that it was due to my "bad driving skills" that the breaks went out. I was hung up on by 2 supervisors, and 4 other times by anyone that answered the phone. At that point, a friend who was completely appauled by the treatment I was recieving was hung up on too. The dealership has since admitted it was their neglect. I'm am unsure of what to ask for by way of compensatory and punitive damages. Can you please help?


Asked on 7/11/00, 1:46 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Neglect

You are entitled to have them fix the defect at their expense.

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Answered on 9/08/00, 7:23 pm
John Hayes The John Hayes Law Offices

Re: Neglect

They are required to fix the vehicle at their own expense. If they refuse to do this you can sue them for the cost of repair and cost of the suit. However, before going through the hassle of filing a lawsuit you could try a letter threatening legal action. First from you and then from a lawyer. It wouldn't cost you that much to hire an attorney to write a letter or two and it might solve the situation. If your letter doesn't work please feel free to contact my office for a free consultation. My toll free number is 877-546-9918 or you can email me at [email protected].

Good luck.

Sincerely,

John Hayes, Esq.

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Answered on 9/08/00, 7:30 pm


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