Columbus, OH asked in Consumer Law and Products Liability for Ohio

Q: Walmart failed to replace my oil in my car. Can I sue for negligence?

Walmart admitted to failing to put oil in my vehicle after draining the old oil. They said they would repair or replace the motor, today 4-2-24 they just offered us fair market value for the vehicle. We have documentation and a second opinion from another mechanic that the vehicles oil pan was bone dry when the vehicle was towed to his facility. The car made it about an 1/8 of a mile before the motor seized. Vehicle in question is a 2009 Chevy Trailblazer 4*4 with 72,000 miles on it.

1 Lawyer Answer
Nicholas P. Weiss
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  • Consumer Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: You are likely entitled to compensation above the fair-market value of the car under Ohio's Consumer Sales Practices Act. Performing a car repair in an unworkmanlike quality is an unconscionable act under the CSPA, potentially giving you triple damages.

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