Legal Question in Business Law in Minnesota

My fiance stopped at an old gas station in a small town and suspected the gas was bad because after he stopped, his truck wasn't running right and stalled while in idol. It continued to do this, so we brought it to the dealership to have it looked at. We brought it in a week ago, and they couldn't figure out what was wrong with it. Finally, today they discovered that it was bad gas that caused all the problems. After all was said and done, the bill is going to be around $2000. Do you think this gas station should be responsible for paying the bill, or is this too hard to prove? I am just looking for a quick opinion if you think we should pursue this further. We told the dealership to keep a sample of the gas.

Thanks!


Asked on 11/04/10, 8:10 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any business or franchise attorney will say it all boils down to what a Small Claims Court judge or referee believes. What do you have to lose except a little time and a small filing fee? Before that happens, document what happened immediately, if you have not done so already. Send a registered letter to the gas station. Tell them you are holding them responsible for what happened and refer them to the dealership for details. Give them a deadline to rectify. If they don't, file a small claims action. This letter will be good evidence in support of your claim, as will the dealership. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/09/10, 8:25 am


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