Legal Question in Product Liability in Texas

Can I sue a retail store because I was sold a defective lawn mower which I took in for repairs which was suppossedly going to be fixed under warranty and the lawn mower was lost by the retail store. They said they were going to replace it with a new lawn mower, due to them losing the lawn mower. When they called me to pick up the new replacement lawn mower, they wanted to give me a beat up old lawn and stated that they had found the lawn mower that I had taken in for repairs. When I looked at the lawn mower I notice that it was not the one that I had taken in and the serial number on the reciept and the lawn mower they said was mine was different. All this time I have been dealing with store manager and he was the one that assurred me he was going to replace it with a new lawn mower and then he pulls stunt of trying to make it seem like they found the lawn mower I had taken in for repairs. When I confronted him with this he said he would not replace it at all. I am 67 years of age and I live in Texas and I have spent more than a month trying to get my lawn mower back or my money back with no solution to this problem.


Asked on 8/25/10, 11:15 am

1 Answer from Attorneys
Jason Kipness Kipness Law Firm

This is a consumer law question, not products liability question.

It is also something that could be handled in small claims court by yourself.

If you want a lawyer, research consumer law attorneys or DTPA ("Deceptive Trade Practices Act") attorneys for the county where this transaction took place.

For free information on Texas personal injury topics, please visit www.kiplawfirm.com

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Answered on 8/30/10, 11:30 am


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