california property civil-damages
Can I make an auto shop pay for oil damage from a defective oil filter?
<p>About ten days ago I had a flat tired replaced at a local shop and added an oil change to the work order. A day later I notice a huge oil stain (about 3 ft x 10 ft) that flowed over the pavers on my driveway. I went back to the car shop for an evaluation and was informed that the oil filter was defective. They replaced it and went on my way. I can’t get the oil off the driveway after multiple attempts with multiple suggestions. In California do I have legal recourse for repair or replacing the affected pavers?<br />
<a href="https://i.stack.imgur.com/EwG1F.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/EwG1F.jpg" alt="1" /></a></p>

<p>You can sue the shop for defective installation, or you can sue the manufacturer for a defective part. You will have to prove that it is the fault of the person that you are suing, so the shop will probably argue that it was a defective part that they couldn't have known about, and the manufacturer will probably argue that it was due to defective installation. If you have competent third-party testimony that proves that the part itself was defective, you may prevail, though if you can get them to write up a technical report that supports your contention, the manufacturer may simplify things by compensating you, if you waive your right to sue for damages. However, this may not be an option unless the shop retained the filter and can point to a specific manufacturing defect.</p>
