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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2796
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Can I sue a dealership if I went on a test drive and the brake

Resolved Question:

Can I sue a dealership if I went on a test drive and the brake lights did not work?
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas Swartz replied 1 year ago.
Hello JACUSTOMER,

I assume you suffered some sort of damages because the brake light did not work. And yes, you can sue the dealership. The dealership had an obligation or duty to insure that their vehicle was in proper operational condition, and this would include making sure that all safety equipment and lights were working. And so, if the dealership was negligent in failing to maintain the brake lights and you suffered damage, they would be liable to you in a civil lawsuit.

Thomas
Customer: replied 1 year ago.


There was no immediate damage, however I found out the brake light didn't work because I was pulled over by officer and he understood I had just bought the car, so he didn't right me a ticket, but I feel like the dealership knowingly put my children and me in danger, not only did the brake lights not work but the dash board lights and the blinkers, I have a flat tire 24 hours later and didn't even have hazard lights to turn on while broke down on the highway

Expert:  Thomas Swartz replied 1 year ago.
The vehicle is likely covered by a warranty to cover mechanical problems with the car, and that is the first thing you should try to recover for that.

In terms of your being put in danger, these types of damages, which would be considered a type of emotional distress, are usually difficult to recover. Courts typically only award such damages in cases where a person is put in an immediate and severe sense of danger of physical injury. Just being pulled over by a police officer probably would not qualify for such damages. Being stranded on the side of a road, where there is a lot of traffic and a real sense of physical danger might be a little easier for a court to award. So you might try that.

Thomas
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2796
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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