Re: [ihc] 194 Scout 80 rearend

["Allan Ericson" <lowvolt@xxxxxxxxxxxx>]

George-

They should have warned you if they sealed up the rear gasket, but the ugly
truth is that this is your mistake, at least in part.  A good lawyer might
be able to sue them and win, but at a cost several times that of replacing
the rear end should you lose the lawsuit. If you go into battle, you need to
know what resources it will take to win, what affects the odds of winning or
losing (even though you can't quantify them, nor can a lawyer) and the cost
of losing.

There is precedent for companies turning over vehicles without oil in them
being to blame. There is also precedent for raising the stakes so that they
settle, because the lost time and effort of defending yourself makes turning
this "mistake" over to the insurance company attractive for mechanic's
shops. If it is their practice to put that sticker on the rear end, it's
because they know they should. That really would be your only opening for
attack. If you decide to try to recover the costs involved, or the cost of
replacing the axle, you will obviously need to use the name of the person
who asked about the sticker and the receipt, or have it ready when asked.
The shop is posturing, and may or may not believe they are blameless. The
local better business bureau, if they are a member, might be a good avenue
as well. No matter what, the fact that they mentioned a sticker shows
conscious awareness that there was a potential problem.

Blame and liability are two different matters, though. I am not suggesting
you should go after them, or that you should not. I do what I think is right
in these situations rather than what is the most expedient, but that's just
me. I think you already had a good idea of which was which, and why, before
you posted.

-Allan

----- Original Message ----- 
From: "George Eaves" <w5xs@domain.elided>
To: <ihc-digest@domain.elided>
Sent: Friday, September 12, 2003 11:03 PM
Subject: [ihc] 194 Scout 80 rearend


<snip>

 My heart
> sank when I discovered that the rear end didn't have any oil in it.  I
> immediately called the shop that did the assembly job and told one of
> the owners that the rear end was absolutely dry. He said "we don't put
> oil in them".  I said they should have told me that when I picked it up,
> to which he replied "Wasn't there a sticker on the rear end that said to
> put oil in it"?  When I replied in the negative, he asked "isn't it
> written on you receipt" to which I also replied that there wasn't.  I
> took it in so they could look at it and the other owner told me that
> they weren't responsible for the damage that was done because I should
> have known that it didn't have any lube in it.  SO... I guess my
> question for you guys is... should a layman be expected to "know"  that
> the shop didn't put oil in the rear end?

<snip>

> Thanks,
> George