Legal Question in Product Liability in Texas

Big problem with Ford vehicle

We bought a brand new (2002) Ford SUV. We were sitting at a restaurant found the owner of this vehicle, us. It had poured out gas all around the parking lot. We had this vehicle 3 weeks. The firemen came and I had it towed away. The ford dealership said that we hit something and made a hole in the gas tank, so this was not covered, I have to pay out of pocket. Well, we were at a store before the resturant and I smelt gas. So we drove from the store to the restaurant with gas all over the tire wall, etc. We did not hit anything. I think if we would have hit something that hard, we would know. Even if we hit something, which we didn't, I don't feel like a brand new vehicles gas tank should bust that easy. If someone would have thrown out a cigarette we wold have blown up.Again, I'm not talking about a little drip of gas! I just want to know basically, is there anything we can do about this? I know the say it's my fault, which it isn't, but should people pay $20,000 + for a brand new vehicle and worry that they may blow up if they hit something? My children could have been without parents because of the way there products are made! Can you please tell me if I am just being dumb, or can we do something about this?


Asked on 3/07/02, 6:05 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Big problem with Ford vehicle

I doubt you have any case. Holes in gas tanks don't just randomly appear. You carry the burden of proof in a product liability case, and you have to show Ford did something negligent. It sounds like you were the negligent one, driving around with gas dripping out of your car.

To determine who is at fault, have some mechanic check the gas tank and see whether it looks like a factory problem or like something you did. I bet the mechanic says you did this. If the mechanic says this was not your fault but rather Ford's then, and only then, would you have any reasonable chance of success in this thing.

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Answered on 3/07/02, 7:20 pm


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