Legal Question in Personal Injury in Florida

My daughter brought her car into a new and used car dealership where she bought the car from for service. she had oil changed, tires rotated & balanced and certified, and car detailed - we have receipt stating this work was done and tires certified. She picked it up at end of day and started out of dealership to drive home. She felt thumping in a tire but thought it was perhaps just the road but felt it was different than when she brought it in. she proceeded to drive onto the interstate highway 2 miles down the road and after a few miles on interstate it got worse and tire blew and she skidded off the road on the rim and spun around stopping on off the road in a ditch. Fortunately she is fine and except for rim (wheel) and expensive tire the car is only dirty. The dealer had car towed there last night and I have spoken with 3 people at dealer to see if they would pay for new tire and wheel since I feel they have some liablity. They say they are not in any way liable and will not pay for this. I just want them to pay for new tire and rim, so far they have only offered a discount mentioning something like 10%. They are trying to say that there was a hole in the tire and it was from a nail and is not their fault. I say we don't know what caused the blow out, I think it may be some problem with the tire and that they should have caught it on inspection or maybe if it was caused by nail it came from their dealership since she noticed some problem after leaving.
What should we do?

Asked on 4/21/11, 2:53 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Bring a claim in small claims court. The forms can be found at the court house.

Answered on 4/21/11, 4:53 pm

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