Is this law suit material??

[Testosterone boy]

Three weeks ago my water pump went out in San Antonio and the engine caught fire. (Always carry a small fire extinguisher or your car will be totalled from a fire.)

A very large national chain replaced the water pump which requires removing all the water hoses. They said they are corporate and the warranty would be honored at all locations.

Last night everything drained from the water/cooling system. I took it to their closest location and they charged me $30 to look at it. Then said they needed $250 to replace the water hoses. Said the top hose leaks which it does not and I also needed a bottom hose. I replaced my bottom hose 3 weeks ago.

Of course I blew up a little (called him a fuckin asshole) and was told the police would deal with me if I swore again.

The San Antonio location said the hoses would be covered since they worked on it 3 weeks ago. The Denver office basically said that the work was done in San Antonio, not Denver.


I think a very large national chain needs to be taught a lesson. It is impossible to change a water pump without seeing the condition of the hoses. They get spongy and enlarged as they go bad. So the San Antonio office screwed me and the Denver office did as well.


Damages? Mostly a stained drive way and the obvious.

 

[spatts]

Does your warranty paperwork say it's valid in all locations? Any disclaimers?

 

[Testosterone boy]

Does your warranty paperwork say it's valid in all locations? Any disclaimers?

Yes...it is supposed to be valid at all locations.

 

[spatts]

Is the warranty only covering the pump, or the labor involved? My guess is that the terms of art on the actual warranty cover the pump itself. If you hired them to replace the pump, are they obligated (other than ehtically and for the purposes of upselling) to tell you that you need new hoses too? I'd be interested in seeing that actual terms of art in the warranty agreement.

 

[Testosterone boy]

Is the warranty only covering the pump, or the labor involved? My guess is that the terms of art on the actual warranty cover the pump itself. If you hired them to replace the pump, are they obligated (other than ehtically and for the purposes of upselling) to tell you that you need new hoses too? I'd be interested in seeing that actual terms of art in the warranty agreement.

Lifetime part warranty......90 day labor warranty.

The warranty statement is too large for me to copy this late, it is standard boiler plate legalize.

Are they "obligated" to tell me that I need new hoses? Good question and I don't know the answer. Only a very incompetent mechanic would fail to do so. Should a clients personal trainer tell them that a plate is 1" from falling off of the bar? Are they obligated to do so?

 

[Citruscide]

Hmm... with an incident like this? What are you damages? That's the first thing to ask. Stained driveway... and replacement hoses... that's what you can sue for.

Now, if there is a history of this going on... then you could probably squeek in some punitive damages... but that is going to fall on you to prove...

C-ditty

 

[spatts]

Are they "obligated" to tell me that I need new hoses? Good question and I don't know the answer. Only a very incompetent mechanic would fail to do so. Should a clients personal trainer tell them that a plate is 1" from falling off of the bar? Are they obligated to do so?

Oh, I agree. However, using your example, if you tried to sue the gym for that they'd probably come back and say you "assumed the risk." So I was just wondering about LEGAL obligation.

Any mechanic wanting to increase revenues would search for ways to upsell you the things you need, and make you a satisfied customer to ensure long-term service.

 

[Testosterone boy]

Well now my thread has about a 0% chance of reaching the intended audience. Thank you whoever moved it.

Law suits are incredibly unpleasant to me, I think I'll ask American Express about their purchase satisfaction guarantee.

 

[Citruscide]

Interesting you mentioned the "assumed the risk" thing about the gym Spatts... it really summed up the entire Tort case that dealt with the issue.

Basically, gyms and health clubs you sign an agreement... anything you do there that injures you... well, you have signed a disclaimer... saying that you assumed the risk and know that there is a danger. Therefore, if you slipped on some water outside of a pool... you couldn't sue the gym for not cleaning it up... as it would be really unreasonable for them to clean up any water spills ALL the time.

Also, if a machine breaks... and the staff isn't aware of it... no luck there.

The reasoning is that there isn't a BIG public policy in protecting people at health clubs... as people join there voluntarily... which is why people who workout there aren't as protected as say... someone who shops at Wal-Mart.

C-ditty

 

[bbkingpin]

Therefore, if you slipped on some water outside of a pool... you couldn't sue the gym for not cleaning it up... as it would be really unreasonable for them to clean up any water spills ALL the time.

C-ditty

Not to mention it is common knowledge that floors are slippery when wet.