Legal Question in Product Liability in Illinois
Picked up car from shop caught on fire next day.
We picked up our '96 Concorde from Dealer after tune-up, injector cleaning, etc. They said it was still running rough, and to put some good gas in it, ''drive it for a week and let us know how it's running'' The next morning when my wife turned the key it caught on fire, and has since been totaled by the adjuster. The first thing I did was stop payment on the check we wrote. They are saying, they are confident their repair has nothing to do with the Fire. They did give us a courtesy Van to drive (which my wife backed into a telephon pole!) We have had the van for 5-6 days and have not heard from the dealer, the Concorde has been paid for (insurance) and we are without a Car. We do still have the Van. I guess my question(s) would be.
Should we have an Attorney?
Should we expect anything from the Dealer?
Do I owe them for the work they did on the car which was destroyed several hours later?
2 Answers from Attorneys
Re: Picked up car from shop caught on fire next day.
Product liability deals with personal injuires caused by defective products. This is a warranty question and is beyond my scope of expertise.
Re: Picked up car from shop caught on fire next day.
It all depends on the state of your car prior to taking it in for repairs. Of course it is expected for the dealer to tell you that their repairs had nothing to do with the fire. I would have been surprised to hear otherwise. Your car has been totalled and you have been deprived of the benefits it provided. The amount the insurance company will pay you for the car is only the fair market value of it and may not be enough to allow you to get a new car. A cause of action may or may not exist against the dealer for negligent repairs made to your car. They may have known or through the exercise of standard care should have known that the car was not in a condition to be released to you to drive. All this can only be determined through the examination of the work done, the condition of the car, the type of the car etc...
You would do yourself a favor by consulting an attorney. Any moneys spent that way may prove to be a good investment.
I hope this helps,
Nima Taradji