Wrong car part results in severe damage to vehicle

[09Punkie30]

When purchasing a new automobile part we took the old part (alternator) into the store and requested a replacement. Automotive store sold us replacement alternator. Alternator installed into motorhome by owner/relative. Motorhome blew motor. While having serviced and motor replaced mechanic informed owner that the alternator was the wrong one. (Required a six prong vs the five prong that was sold to them as a replacement). Thus caused the belt to come off; causing a multitude of other problems with immediate end result being the need for motor replacement. Total cost of motor replacement $6500.00 not including the towing (approx. $450.00). Took new installed alternator back to automotive store; discussed problem with manager indicating that this happened in the past (consumers given wrong number of prong alternators). Automotive store provided us with the appropriate alternator which was in stock. Retained the alternator which was originally sold as a replacement part.

Question is: Would the automotive replacement store have some/none/any liability?

Would the outcome be any different if a sales receipt is unable to be located for the original purchased alternator?

 

[lawrat]

I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

There are three parties here, each partially liable. The store, you and your family friend who installed the alternator. This is what we call comparitive negligence. If your state falls such a negligence standard, then the store would be liable for their portion of liability. Problem here is that you and your family friend had a duty, as well, to make sure what you bought was the right one. I.e. check it out before you leave the store and/or install it.


The fact they gave you a replacement, should be some proof they gave you the wrong one in the first place, as to your problem of no receipt.

Now, if your state follows contributory negligence theories: this is how it may play out: you bring suit, store says you were negligent contributorily because you didn't inspect before installation. You lose, you don't get any recovery. You could say they had the last chance to make sure they gave you the right one. But the truth is, your family friend and you had the last two chances.