Legal Question in Product Liability in Virginia

Consumer Issue

We bought a car from carmax in nov 2007 and in march of 2008 we took it in with complaints of it pulling to the right when braking. They said they checked the brakes and rotors and everything was ok. Well, when driving to fl 3 weeks later, all 5 lug nuts on the rear passenger tire sheered off. Who is responsible for the damage?


Asked on 5/07/08, 8:38 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Consumer Issue

The answer very likely depends upon the nature of your warranty coverage(if any at this point) and whether the lug nut sheering event which you've described would come under that coverage. If not,

then you would need to demonstrate that Carmax was

somehow negligent in putting the rear tire back on the vehicle after completing its inspection of the

brakes and rotors and failed to notice the defective condition of the lug nuts or to tighten them sufficiently, or otherwise somehow negligently contributed to their sheering off in the incident which you've described. (Such proof, needless to say, may be very difficult to come by.)

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Answered on 5/07/08, 9:43 am


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