Legal Question in Product Liability in Illinois
Hello,
The alternator on my 2003 Mini Cooper failed and needed to be replaced. I purchased an aftermarket alternator for $169.99 at a national auto parts chain, and had it installed by a professional auto electrical shop for $278.41. Once installed, the alternator would not engage on each engine startup unless the engine was revved above 3000 RPM. The alternator would then engage and the car would operate normally.
A few days later the airbag light came on. I had the auto electrical shop recheck their work and they told me the alternator I had purchased was defective. I then took the car to the Mini Dealership, who also confirmed the alternator was defective. More importantly, the alternator had actually damaged my airbag control module rendering my airbag system useless. This explained why the airbag light was illuminated.
I had the dealership remove the alternator, install an OEM BMW one, and replace the airbag module. This all came at a cost of $1605.48. I then took the alternator back to the auto parts chain and had them refund my $169.99.
The alternator was returned to the manufacturer for inspection. They claim to have tested the alternator and say it is perfectly fine. My experiences and both the Mini Dealership and the auto electrical shop say otherwise.
Is it possible to get the manufacturer of this faulty part to pay for the damages it caused? This alternator could have caused injury or death because it fried my airbag control system.
Thank you in advance for your help and advice!
3 Answers from Attorneys
I am sorry to hear about your experience. You have a number of options: 1) draft a letter demanding payment for the damages; 2) hire an attorney to draft a demand letter and negotiate a potential settlement (this will probably cost $250-500); or, 3) either you or an attorney file suit in small claims court. The first two options will likely go ignored by the corporation. If you file suit, the other party must respond or judgment can be entered against them almost immediately. I suggest that you seek further advice from an attorney, local bar association, or local courthouse which typically has a help desk to assit individuals (6th, 8th, or 28th Floor, Daley Center if you are downtown during the week). Feel free to contact me at [email protected]
If you are going to pursue the matter, you will need to get written documentation from the shop and the dealership.
You may want to hire an attorney after acquiring documentation of the defect to write you a "demand letter".
It is most likely not practical to litigate this matter in the circuit court if you get nowhere with correspondence. You may want to use small claims court as a remedy.
You will need documentation of the damages and I beleive have the option of also pursuing the distributor of the defective part. I would send a letter to both the manufacturer and distributor and mention to the distributor what a good customer you are and that you have been purchasing items from them for years (if you have). They have the most to lose-your business and might make some kind of accomodation for you. If a letter does not work, small claims court is a possibility. However, I do not think that in light of the small size of the damages that it is cost effective to hire counsel.
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