Antelope, CA asked in Consumer Law for California

Q: What legal actions can I take for cocked and loaded gun easily accessible in rental car?

Rented car. Smelled like weed and had half a tank of fuel. Rented to use with my small children. A few days in found a cocked and loaded gun. My children had been playing in that car. What action can I take?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: You can call the police. You have no lawsuit. No one was injured.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear that you and your children were at risk from the negligence of the rental company. You should not have to pay for the car rental (assuming you turned it in within a reasonable time) because they breached the WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE by failing to provide you with a car that was fit to use for its intended purpose, transporting people, safely.

You should first request a total refund of any charges, and if that fails, you can either resort to small claims court or hire an attorney.

Thank goodness that none of your kids were hurt by this incident.

Also cars are supposed to be non smoking, so if it smelled of weed, the car company failed to provide you what you contracted for.

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