Legal Question in Consumer Law in Texas

Engine damage caused by negligent act of oil and lube company

My car engine was damaged due to oil drain plug falling off after oil & lube company changed oil and left plug loose and caused to leak oil. What statute/law protects me from this type of negligent act by company and allows for damages of $6200? This happened 30 days after oil was changed--apparently it was leaking slowly until engine burned. I need to replace engline or buy another car. Please advise what your recommendation is--cite specific statute that protects me from this negligence. Thanks.


Asked on 4/24/07, 1:31 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Engine damage caused by negligent act of oil and lube company

You need to find the cost of replacing the engine, since that's less expensive than buying another car. Common law allows you to sue for damages caused by negligence. If under $5,000 you can sue in Small Claims without a lawyer.

Or you can hire a lawyer to sue them under the Texas Deceptive Trade Practices Act, but that will take far more time than Small Claims, and cost appreciably more.

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Answered on 4/24/07, 7:22 pm


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