Legal Question in Consumer Law in Ohio
We bought a remote starter for my daughters 2002 Kia Sportage as a Christmas gift. After installation, the Airbag light �flickered�. We called the installer and they suggested we take it to Utopia Auto Care in Powell, OH which we did. They said the care was indicating a diagnostic code and suggested we take it back to the installer because it was probably wiring.
We took it back to the installer where he worked on it and said it was fixed. When we got it home, I wanted to verify it was functioning. When I turned on the key, the Airbag did not illuminate for the self-test as indicated in the Car Manual. My wife called back and the installer was indigent stating that he must have broken the light but everything was fine.
My daughter goes to university in Indianapolis and we had no choice but to let her drive the car back. However, I had her take it to the Kia dealership right away. They found the Airbag wiring cut, the connecter broken, and the bulb removed. When we confronted the owner of the installation facility, he offered to pay $37 for a new connecter saying the car was old and they didn�t do it. When we told him the bulb was missing, he said his tech must have forgot to put it back in and later confirmed that it was still in their bin.
In essence, they broke the airbag and tried to hide it by disabling the system. That is a very abbreviated version of a long story that is continuing right now. My question is: what are our options? By the way, we have a statement from Kia as well as text documentation.. We are also getting something from Utopia.
1 Answer from Attorneys
In Ohio, under these circumstances you have a case against the installer under the Ohio Consumer Sales Practices Act. That Act allows for the recovery of actual damages (the value it would take to repair what they did to the airbag) treble damages, statutory damages ($200.00 for each violation) and attorneys fees.
You should speak with an attorney in your area of Ohio who handles such cases.
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