Product Liability Help

[ABN96B]

What is the name of your state (only U.S. law)? Maryland

Hi,

I would like some advice as far as what I should/need to do about a faulty product I purchased, that destroyed my vehicles engine.

The issue I have is as follows:

I purchased a set of sparks for my vehicle from my local AutoZone. These particular spark plugs were referred and suggested by the AutoZone employee as comparable yet higher quality replacements to the original ACDelco plugs I asked for as the ACDelco plugs were not in stock. These plugs were purchased in anticipation to my vehicles current (stock) ACDelco plugs reaching their manufacturers suggested replacement interval of 100k miles. At 109k, I decided to change the plugs, tires, and the air filter as the vehicle was getting degraded gas mileage. I removed and numbered the stock plugs in accordance to the cylinder it were removed from, as I have done for years in the event something is wrong. After numbering the new plugs and installing them in accordance to auto industry standards with the correct torque setting of (13lbs) I started the vehicle. Within seconds I noticed the engine was not running correctly, it was hesitating, the idle was severely rough, and was shaking, the CEL (check engine light) illuminated and began to flash so I shut the engine off and began trouble shooting. I first double checked all of my work as far as the torque, the coil packs, and wiring, then I scanned the vehicles computer with my craftsman OBDII scanning tool, the report was P300(random misfire), P1174(Air/Fuel ratio lean or faulty O2 Sensor), P301(misfire cylinder 1), P303(misfire cylinder 3), P305(misfire cylinder 5). I waited some 20-25 minutes for the engine to cool, then removed the new spark plugs. One by one, when I removed them, I notice the plugs were cracked and falling apart, and some where deformed. After removing all of the new plugs, I waited till the next day, and purchased new ACDelco plugs from the GM dealer. I installed the ACDelco plugs and repeated the process of checking the torque and wiring. When I started the vehicle, the problem of misfiring and hesitation persisted, with an additional noise of something rattling around, I shut the vehicle off immediately after hearing this new noise.

I determined that this was no ordinary issue and had the vehicle towed by AAA to a local shop AAA referred. The local shop diagnosed the problem as something wrong with the vehicles engine head, and required valve or head work, however performed a service to clean the intake cylinder, and flush the injectors. This process did not rectify the problem, the vehicle was then taken to the GM dealer which removed the engine to examine the cylinder head, valve train, and combustion chambers (cylinders). Upon their inspection, they found debris (porcelain) from spark plugs, damaged pistons, cylinder walls, valves, and the cylinder head corresponding to the CEL codes in the aforementioned. The GM mechanic, and service adviser , have both stated that the spark plugs I used were faulty and as result destroyed the motor and have provided statements as well as hi-res photographs depicting the damage, and particles from the faulty plugs.

GM has quoted me upwards of $6k for a new motor, and some $1k for labor. I do not have $7-8k laying around to pay for a new motor, nor do I feel I should be paying for this as it was not my work which caused the damage but more so the faulty product I purchased.

I have contacted the company that produced the spark plugs, informing them of my ordeal and my request for compensation. In turn, they have requested I send them all of the faulty plugs in the original boxes for "evaluation" along with receipts and estimates. I'm afraid if I send them the faulty plugs, I will then have no real physical proof that I were in possession of the plugs should they not honor my claim and refuse to pay.

My questions are what do I need to do as the consumer who's property was damaged by their product? I'm not sure where to start, or how to properly seek compensation. Can anyone help me with this issue? I hope this won't turn into a lengthy court battle as I don't have the funds to battle a big corp. nor the time. My family has already been down a vehicle for 2 weeks, and forced to rent a car at $45 per day.

--ABN96B

 

[HomeGuru]

What is the name of your state (only U.S. law)? Maryland

Hi,

I would like some advice as far as what I should/need to do about a faulty product I purchased, that destroyed my vehicles engine.

The issue I have is as follows:

I purchased a set of sparks for my vehicle from my local AutoZone. These particular spark plugs were referred and suggested by the AutoZone employee as comparable yet higher quality replacements to the original ACDelco plugs I asked for as the ACDelco plugs were not in stock. These plugs were purchased in anticipation to my vehicles current (stock) ACDelco plugs reaching their manufacturers suggested replacement interval of 100k miles. At 109k, I decided to change the plugs, tires, and the air filter as the vehicle was getting degraded gas mileage. I removed and numbered the stock plugs in accordance to the cylinder it were removed from, as I have done for years in the event something is wrong. After numbering the new plugs and installing them in accordance to auto industry standards with the correct torque setting of (13lbs) I started the vehicle. Within seconds I noticed the engine was not running correctly, it was hesitating, the idle was severely rough, and was shaking, the CEL (check engine light) illuminated and began to flash so I shut the engine off and began trouble shooting. I first double checked all of my work as far as the torque, the coil packs, and wiring, then I scanned the vehicles computer with my craftsman OBDII scanning tool, the report was P300(random misfire), P1174(Air/Fuel ratio lean or faulty O2 Sensor), P301(misfire cylinder 1), P303(misfire cylinder 3), P305(misfire cylinder 5). I waited some 20-25 minutes for the engine to cool, then removed the new spark plugs. One by one, when I removed them, I notice the plugs were cracked and falling apart, and some where deformed. After removing all of the new plugs, I waited till the next day, and purchased new ACDelco plugs from the GM dealer. I installed the ACDelco plugs and repeated the process of checking the torque and wiring. When I started the vehicle, the problem of misfiring and hesitation persisted, with an additional noise of something rattling around, I shut the vehicle off immediately after hearing this new noise.

I determined that this was no ordinary issue and had the vehicle towed by AAA to a local shop AAA referred. The local shop diagnosed the problem as something wrong with the vehicles engine head, and required valve or head work, however performed a service to clean the intake cylinder, and flush the injectors. This process did not rectify the problem, the vehicle was then taken to the GM dealer which removed the engine to examine the cylinder head, valve train, and combustion chambers (cylinders). Upon their inspection, they found debris (porcelain) from spark plugs, damaged pistons, cylinder walls, valves, and the cylinder head corresponding to the CEL codes in the aforementioned. The GM mechanic, and service adviser , have both stated that the spark plugs I used were faulty and as result destroyed the motor and have provided statements as well as hi-res photographs depicting the damage, and particles from the faulty plugs.

GM has quoted me upwards of $6k for a new motor, and some $1k for labor. I do not have $7-8k laying around to pay for a new motor, nor do I feel I should be paying for this as it was not my work which caused the damage but more so the faulty product I purchased.

I have contacted the company that produced the spark plugs, informing them of my ordeal and my request for compensation. In turn, they have requested I send them all of the faulty plugs in the original boxes for "evaluation" along with receipts and estimates. I'm afraid if I send them the faulty plugs, I will then have no real physical proof that I were in possession of the plugs should they not honor my claim and refuse to pay.

My questions are what do I need to do as the consumer who's property was damaged by their product? I'm not sure where to start, or how to properly seek compensation. Can anyone help me with this issue? I hope this won't turn into a lengthy court battle as I don't have the funds to battle a big corp. nor the time. My family has already been down a vehicle for 2 weeks, and forced to rent a car at $45 per day.

--ABN96B

**A: you need to hire an attorney that specializes in product liability cases. This is not going to be a "fix it yourself' and play attorney on the weekend deal.

 

[ABN96B]

**A: you need to hire an attorney that specializes in product liability cases. This is not going to be a "fix it yourself' and play attorney on the weekend deal.

So are you saying not to send the product back to the manufacturer, end all correspondence, and hire an attorney? I've called several firms but have yet to hear back from any, it's like no one cares or they must be too busy to return my calls or email. One law office I spoke to Friday, suggested I pursue this in small claims, after looking at it, small claims has a max of $5k, the motor alone exceeds that. Is this a case that would typically go to a big court, small claims, or settled out of court?

 

[racer72]

suggested I pursue this in small claims, after looking at it, small claims has a max of $5k, the motor alone exceeds that.

There is a fatal error in your calculations.

GM has quoted me upwards of $6k for a new motor

Your problem is your car does not have a new motor, it has a used motor with 109,000 miles on it. You can probably figure the cost of replacement of an equal engine to be about half or so of a new engine. I also suspect that you are going to be held partially liable for the damage, you installed the apparent wrong parts. That alone will take your claim to well below the small claims limit.

 

[ABN96B]

There is a fatal error in your calculations.



Your problem is your car does not have a new motor, it has a used motor with 109,000 miles on it. You can probably figure the cost of replacement of an equal engine to be about half or so of a new engine. I also suspect that you are going to be held partially liable for the damage, you installed the apparent wrong parts. That alone will take your claim to well below the small claims limit.

The fact I came here looking for guidance does not constitute ignorance on my behalf. The limit of your knowledge of law, and automobiles is both obvious and apparent. The facts of the matter is:

1) I gave no inclination of any sum of monies sought after in a lawsuit, I simply stated GM quoted me $6k for a new motor. My insurance company quoted a replacement for substantially less. The only thing I have implied is that I want the manufacturer to restore my vehicle to its operational status prior to using their products, and cover all other expenses incurred as a result of their faulty product. In such cases like Ford\Firestone, damages sustained from faulty tires produced by Firestone; Ford\Firestone didn't give people used cars or tires because the their tires/car was used at the time the damage was sustained.

2) Your statement in reference to my installation of "wrong" parts would hold true if the manufacturer, auto parts store, and both their websites along with various others did not list them as comparable parts, or if I picked the wrong parts off the shelf myself. The in store employee entered my vehicles information into his store computer which in turn searched their database for ALL compatible parts, which gave him a list in accordance to price and performance. The spark plugs were suggested by the employee as previously stated.

3) I am a consumer; I put my faith into a manufacturer by purchasing their product with the understanding their manufacturing process has quality control measures to safeguard against premature failure and apparent design faults or defects. In addition, their products are released to the public with strict adherence or specification to industry standards. In no part am I going to be held liable for a manufactures defect in their product; where did you study?

With that said, I highly suggest you take the time to actually read what people are writing prior to spouting about incorrect information and assumption... however thanks for your attempt.

 

[tranquility]

Notwithstanding the rude answer, I fail to see the problem with the plugs or the "faulty product" portion. Why where the plugs faulty? How did they cause the damage?

The listing of "comparable" parts may not be the fault of the manufacturer. Why do you think it is their fault?

 

[Mass_Shyster]

Here's the problem.

In order to prevail in a products liability case, you will have to prove that the spark plugs were defective, and that the defect caused the damage to your engine. You cannot stand in court and simply state that the spark plugs were defective and that they caused the damage. You'll need an expert witness to prove it. Now I understand how the broken porcelain inside the cylinders can cause damage, but that doesn't explain the misfiring that occurred immediately after you installed the manufacturer's parts. You will also need to have an expert explain the P1174(Air/Fuel ratio lean or faulty O2 Sensor), since it does not follow that bad spark plugs could affect the air/fuel ratio.

Next up on the list is proving that the plugs were in the same condition after installation as they were when they left the control of the factory. That's a pretty tough nut to crack. You can testify that the plugs were perfect when you installed them, but since you will clearly benefit by that testimony, your testimony will be less credible since it is biased.

Now, if the events took place as you described, it sounds like the box of spark plugs was dropped. The defense will surely raise that issue as an alternative to a defective product.

Going along those lines, it's possible that the defect could be considered inadequate labeling. Did the package instruct you to inspect the plugs for damage prior to installation? Did you inspect the plugs for damage prior to installation?

The final question is was your torque wrench "Dead on balls accurate"?

As has been pointed out, your damages are not the $6,000 for a new engine. You damages are the cost of a replacement engine with 109,000 miles on it. I had a bad run a few years back and replaced three engines in one year (three different cars, three different primary drivers). Each on cost about $2,500 for a used engine including installation. Engines ran from 50,000 to 70,000 miles prior to installation.

Since your damages are only (estimated by me) $2500, it won't pay to hire an expert to testify.

 

[racer72]

With that said, I highly suggest you take the time to actually read what people are writing prior to spouting about incorrect information and assumption... however thanks for your attempt.

I am an ASE certified mechanic with over 35 years experience. I have seen folks like you lose miserably in court based on the info you posted. The info I post is true and factual. Your ignorance will be your downfall.

 

[tranquility]

Strictly speaking, this is not a "product liability" case. There does not seem to be personal injury. That does not mean there isn't a breach of contract (warranty), negligence or consumer protection violation that could give rise to damages, it's just that everyone in the chain will not be liable for a faulty product.

For contract, consequential damages will not be available. Only the benefit of the bargain. Engine damage, unless specifically included in the warranty/contract would not be available. For negligence, the problem is Maryland is a contributory liability state. Can the OP say he is not at fault in this matter AT ALL? That's going to be a tough claim for self-installed auto parts. I think negligence is going to be hard for the OP. This leaves some consumer protection violation for recompense. I don't know anything about Maryland's scheme there (and don't want to spend the time looking it up) so won't say anything on that.

But, for the easy (Non-specific statutory.) causes of action, the OP has a big problem in getting the value of the damaged engine.