Can I legally recover damages from auto zone because of product that was sold to me?

Business Questions 2 views 2 answers
I went into a store asking for transmission fluid ford a certain kind of vehicle. The sales person looked it up on the computer and told me this certain fluid is what I needed. I asked 2x more if this fluid would work with this particular vehicle and transmission he assured me that it was correct. When I gave the fluid to my mechanic to put in the vehicle he didn't think it was correct but I told him that the guy at Autozone looked up in the computer and that it was. My mechanic at my request based on what told put it my transmission and now it is ruined because it was in fact the wrong fluid.

Attorney Answers

2
Jorge Luis RodriguezCriminal Defense Attorney ·
A lot more information would be helpful to be certain of the correct answer for your problem, but MAYBE you can recover, but PROBABLY not. A lawyer is going to want to isolate the mistake(s). Exactly how much accurate information did you provide the sales person at the store? Was there an error at that point? Is it the customer's or the seller's error? Is the error in the software? Once your mechanic advised the product was wrong, you had a duty to investigate further, either with the vehicle manufacturer or the product manufacturer or the store that sold it to you. You will want to examine the terms of sale of the store and you will probably find that you assume the risk of how you use each product. What sort of damage do you now have? How traceable is that damage to the use of the improper transmission fluid? If you wish to pursue this claim you should contact a lawyer in your area who specialized in small claims and/or civil tort litigation and lawsuits.
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Andrew Myers ·
In this scenario the mechanic is the 'expert'. The proper repair of the car is usually entrusted to the mechanic and to instruct the mechanic to use a particular product raises questions. Regretably it would appear that you assumed liability for yourself when you took it upon yourself to obtain and supply a particular type of fluid and then instructed the mechanic to use it. Pushing liability back the chain to the store is going to be tough. Your legal friend here would be the Uniform Commercial Code (UCC) provision for a 'warranty of fitness for a particular purpose' and then the remedy provisions of the UCC. Each state has made its own modifications to the 'uniform' commercial code and I have a hard enough time keeping the differences straight in the two jurisdictions in which I am licensed. So, I've pointed you in the right direction and will leave it to you and any attorney in your jurisdiction to go down the road of research into the associated IN UCC statute and case law. My office pursues personal injury, bankruptcy and civil ligitation cases in Massachusetts and New Hampshire.
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