Legal Question in Personal Injury in Texas

Are quick-lube, oil change pits required to be covered?

I know someone who fell into an open,unguarded auto oil change pit. I noticed some quick lube shops have sliding metal pit covers and some do not. If a customer or customer's child falls through an open floor hole into the basement of an oil change shop, is the business owner responsible for the hospital and medical bills? Is a law suit and trial the only option if the oil change company's insurance adjuster refuses to discuss a settlement that covers the existing medical bills? I have found an OSHA regulation (29 CFR 1910.21a1) that seems to address this type of hazzard for employees but there appears to be nothing that protects customers. I find it hard to believe there is no building code to protect customers. Thank you.


Asked on 1/02/02, 11:46 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Are quick-lube, oil change pits required to be covered?

Depending upon the total circumstances, the garage would likely be liable for the injuries and damages. If you want my assistance in this matter, contact me by e-mail.

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Answered on 1/03/02, 9:20 am
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Are quick-lube, oil change pits required to be covered?

If you can find no regulation requiring the covers, then there likey are none. This is where the common law steps in. What is negligence? Was it negligent not to have covers? I'd say yes, or at least, negligent to allow customers near them if they don't. It sounds like you already have a lawyer, judging by your question about going to trial. I am wondering why you do not ask him/her these questions. The answer to your last question is, of course going to trial is the only option if they won't pay what you are willing to settle for. How else would there be to make them pay? If I am wrong, and you don't have an attorney yet, then you should. It is most likely the reason you are being offered only reimbursement of medical bills. Contact me if you're in the Austin area.

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Answered on 1/03/02, 4:11 pm


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