Legal Question in Product Liability in Connecticut

small claims

My husband and I recently purchased a used log splitter. When we read the seller's ad on ebay, it said that it ''ran flawlessly'', also the seller mentioned that he purchased it last year for $1500.00.

The asking price for the machine was $900.00. We called the seller and asked him if we cuold buy it outright without bidding on it. He said that would be fine, and since he lived in the same state as us, we went and picked it up the next day. When we arrived at his house, he turned the machine on, and pushed the lever forward and then pulled it back to simulate the motion of splitting an actual log (we did not see the splitter actually split a real log). He said that he was using the machine last year and that it ran great. When my husband tried to split a log the following night, it would not split the wood. Whenever we applied pressure to the wood the machine would stall and shut down. If we took this claim to small claims court...what are our chances of winning?

thanks.


Asked on 9/20/07, 9:26 am

1 Answer from Attorneys
Nicholas Adamucci ADAMUCCI, LLC

Re: small claims

You do have a good chance of success on the merits. However, the seller may claim that he disclaimed any and all liability. Of course this depends on the terms of the sale.

If you need help, you can email me at [email protected].

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Answered on 9/20/07, 9:44 am


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