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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116716
Experience:  Attorney experienced in commercial litigation.
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My son picked up his new truck from the Ford dealership

Customer Question

My son picked up his new truck from the Ford dealership yesterday after its first scheduled service. As he drove away the drivers side wheel completely fell off. My daughter who has Downs Syndrome was with him. The truck sustained significant damage. Nobody was hurt. Luckily they did make it to the freeway, which is where they were headed. The dealership is turning it into their insurance and they will be making the repairs. I told them that I wanted the truck replaced since we have only had it for about 4 months. I do not feel confident in the vehicles safety anymore. What are my options?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He is entitled to the damage done to his truck caused by this, but legally there is no basis for replacing the truck, even though you do not "feel confident in the safety." The law says that they have to make repairs for the damage their negligence caused, which was caused by them improperly reattaching the wheel. Legally under CA law there is nothing that would allow you to force them to replace the vehicle for this reason I am afraid unless you can prove this was actually a manufacturing defect and even then if the manufacturer can repair it, the law does not mandate that they have to replace the vehicle.

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