Driver files suit against TA for oil change.

Discussion in 'Ask An Owner Operator' started by JonJon78, Dec 4, 2024.

  1. JonJon78

    JonJon78 Road Train Member

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  3. Iamoverit

    Iamoverit Road Train Member

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    I agree. It takes two to tango. However, what if a driver was handling the payment/transaction and wasn't aware? Ultimately, TA is responsible IMO.
     
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  4. JonJon78

    JonJon78 Road Train Member

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    How could he not be aware though? Anytime I've gotten work done at TA, they make you sign a couple times on the pin pad thing...
     
  5. Vampire

    Vampire Medium Load Member

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    I hear you, but he was too trusting that the TA would have taken the time to ensure they put the manufacturers recommended oil in the engine.

    It’s like an electrician that is supposed to pull new wire to support a 30 amp breaker, but just installs the breaker, uses the existing wiring and it results in a fire that burns your house down. The electrician would still be responsible, no matter what he has the customer sign.

    “Truck Parts & ServiceWhen you visit a TA Truck Service location, you can feel confident that our expert technicians, with ASE and TIA certifications, will properly repair your broken down unit quickly and with the highest quality parts the industry has to offer.” They didn’t deliver and ruined someone’s rig.
     
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Of course TA is responsible.

    If I hire you to do a job, you have to do it right. No matter what I sign, I can't sign away MY right to have YOU do the work correctly. Unless he signed a waiver of liability with it clearly stating "Incorrect oil used." Then it would be up to a judge to decide. What you are signing is that the job was done, so TA gets paid. It has nothing to do with TA doing the job right. They don't even allow you into the service bay, so you are physically prevented from seeing what oil they are using.

    This is a slam dunk case, actually.
     
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  7. zinita17601

    zinita17601 Road Train Member

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    Whats the wrong type of oil? They put steering box oil or gear oil on his engine?i dont understand how a different diesel engine oil can cause so much damage,anybody cares to explain.
     
  8. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Might not have been diesel oil. I mean I don't know what they put in it, but if he can prove the wrong oil was used, then it's a slam dunk case. You would sue for negligence and failure to do due diligence to use the right oil. The question would be "Would it be reasonable for a good shop to use the right oil?" Of course the answer is yes, thus the slam dunk case. The only issue this guy MIGHT have is proving that the oil caused the problem. That's going to be up to a judge to determine.

    Some engines require specific types of oils for different parts and whatnot. Like some 4 wheelers require certain viscosity oils for their turbos. Use the wrong viscosity oil and the turbo burns up. That will ruin an engine in a hurry. I don't know the specifics of what type of wrong oil was used, but obviously the wrong oil was used.

    Here a 4-wheeler had the same problem. Lawyers who replied agree with me (or I should say, I agree with them.)

    Can I sue for engine damage after an oil change based on the following situation? - Legal Answers
     
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  9. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    The term “qualified technician” comes to mind….
     
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  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    TA even claims that they use ASE certified mechanics. So absolutely the driver isn't responsible for the oil that they use in his truck. He's paying for the RIGHT oil to be used. If the driver tells TA to use the wrong oil, refuse to do the job. Simple as that.
     
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  11. D.Tibbitt

    D.Tibbitt Road Train Member

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    Another truckstop shop that ####s your equipment up then tells you #### you pay me . Get out of my shop..
     
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