Amazon/Third Party Sold me a defective item that destroyed my cars engine. How do I seek damages!

[Broman]

What is the name of your state? California

Summery: Bought a set of injectors from Amazons site sold by XXX and fufilled by Amazon. After installation one of the injectors didn't close and filled up one of the cylinders of my engine with gasoline, when we started the motor it bent the connecting rod and damaged/destroyed engine. Before installation when we opened the package it had a smell of used motor oil to it, we thought the injectors were rebuilt but now we think that its possible that they were simply used injectors.

We took several videos proving that one of their injectors leaks fuel and have saved the injector as evidence.

I contacted amazon and all they are willing to do is refund the injectors. They won't give me any contact information for the seller.

The vehicle isn't worth that much probably a few thousand dollars and would easily fit the bill for a small claims suit. Should I sue the seller, amazon, both? Can I sue them in my local court? What are the chances of me winning?

 

[quincy]

You can take the refund through Amazon and, because the seller will no doubt sue you, you can then countersue for damages.

Or you can sue a "John Doe" defendant for a refund and damages and subpoena Amazon for the seller's account information so you can replace the John Doe with an identified defendant.

You could have problems with a legal action in that the seller can claim damage occurred because of your improper installation.

Good luck.

 

[Broman]

You can take the refund through Amazon and, because the seller will no doubt sue you, you can then countersue for damages.

Or you can sue a "John Doe" defendant for a refund and damages and subpoena Amazon for the seller's account information so you can replace the John Doe with an identified defendant.

You could have problems with a legal action in that the seller can claim damage occurred because of your improper installation.

Good luck.

How is my installation improper?

 

[PayrollHRGuy]

No clue but you can bet your bottom dollar that the seller will claim it was.

 

[quincy]

How is my installation improper?

Can you prove it wasn't?

 

[HRZ]

I get it that an open injector can make toast of an engine ...one of my pals with 50 years of heavy equipment experience did that to his own rig ...to tune of $20k +

But proving it was a defective injector as sold is a big hurdle ...no good suggestions

 

[Broman]

Can you prove it wasn't?

Yes, we shot a video demonstrating that one of their injectors leaks gasoline. We put a syringe filled with alcohol in through the top (where the gasoline would enter the injector) and it squirted out the bottom. After demonstrating this we did the same test on another one of their injectors showing that it didn't leak through then a third test on one of our old injectors showing again that it doesn't leak.

Though the company states that their products ship from Kentucky, we believe their company is based in China, what recourse do we have to pursue legal action against them?

 

[xylene]

What you describe, while telling, doesn't demonstrate what Quincy asked you.

 

[quincy]

Your legal recourse is to sue the seller. The seller can in turn seek legal recourse against the manufacturer.

 

[PayrollHRGuy]

The seller has contracted with Amazon to ship its products from a facility Amazon operates and it may or may not be in Kentucky. Amazon is not the seller and the seller/manufacture isn't registered with the name as listed on the first post with the KY Secretary of State and no search that I can find has the name listed in the original post that isn't also linked to Amazon.

 

[quincy]

Any lawsuit will be against the one from whom Broman purchased the injectors. I think Broman might be wise to take the Amazon refund and see what happens.

 

[PayrollHRGuy]

I agree and I'm willing to bet that the seller doesn't do squat nor make itself known in any way.

 

[Broman]

I agree and I'm willing to bet that the seller doesn't do squat nor make itself known in any way.

This is exactly my fear, I've dealt with Chinese companies before, they will do anything possible to get out of paying this is why I don't buy on Ebay anymore. They've never owned up to their mistakes and have had to pull payments through credit card companies as my only recourse, now they've damaged much more than the item is worth, a few thousand dollars of truck with their defective products.

 

[Broman]

The seller has contracted with Amazon to ship its products from a facility Amazon operates and it may or may not be in Kentucky. Amazon is not the seller and the seller/manufacture isn't registered with the name as listed on the first post with the KY Secretary of State and no search that I can find has the name listed in the original post that isn't also linked to Amazon.

The company has two buying options through amazon or through them in KY. My task is to find out who and where this is located. I may simply put Amazon and them into small claims and see what happens, the trucks only worth $3k!