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I had a new tire put on my son's car. Upon leaving the business as he was pulling out onto the highway the tire fell off the car. The employee said the lugs broke. My son could have been seriously injured. Do I have grounds for a lawsuit and if so on what grounds, negligence?

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It wouldn't be hard to see that the lugs broke. Why rely on the mechanic's statement? I wouldn't believe him as far as I could throw the car. Lug studs could be torqued off, but it would require a ton of torque and the nut and stud would be left in the socket of the air wrench.

The owner of the vehicle would have grounds for a claim for neglugence. However, the claim would be limited to the damage to the vehicle. There is no compensation for "could have been injured."

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I had a new tire put on my son's car. Upon leaving the business as he was pulling out onto the highway the tire fell off the car. The employee said the lugs broke. My son could have been seriously injured. Do I have grounds for a lawsuit and if so on what grounds, negligence?

 

You need only look at the lug nuts to see if they are broken. If they aren't broken, what might have happened is that the installer threaded the lug nuts, got side tracked before tightening them, and somebody else released the car to your son, thinking the job was done.

 

In that case, the store would be responsible for the damage to the car.

 

I suggest you talk to the owner of the store about the repair cost.

 

Report back with the results if you like.

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I had a new tire put on my son's car. Upon leaving the business as he was pulling out onto the highway the tire fell off the car.

 

Given your reference in the next sentence to "lugs," I assume you meant that the wheel fell off, not the tire.

 

 

 

The employee said the lugs broke.

 

All four/five of them?  And did he/she claim that the lug nuts broke or the bolts onto which the nuts attach?

 

 

 

My son could have been seriously injured.

 

But he wasn't "seriously injured" -- or injured at all.  Right?

 

 

 

Do I have grounds for a lawsuit and if so on what grounds, negligence?

 

You wrote that this was your son's car, so you wouldn't have any grounds to sue.  That you paid for the tire doesn't give you any rights here.

 

As for your son, your post remarkably silent about what happened after the mechanic claimed that "the lugs broke."  Unless the car was completely destroyed in an accident (which I assume you'd have mentioned had it happened), discovering why the wheel fell off shouldn't have been terribly difficult.  Did you or did your son examine the vehicle to test the mechanic's assertion?  If not, why not?  If so, what were your/his observations?  What has been done with the car after this happened?  What is the year, make, model, and mileage of the car?  Obviously, the newer the car is, the less likely it is that the mechanic's claim that all four/five of "the lugs broke" is true.  When the mechanic claimed that "the lugs broke," how did you/your son respond?  Have you or has your son spoken with the mechanic's boss or the owner of the shop?  If not, why not?  If so, what was discussed?

 

If the lug nuts (all four/five of them) were in such fragile shape that all of them broke after driving a mere X feet to get to the parking lot exit and out onto the street, it's awfully hard to believe that a competent mechanic wouldn't have seen that in the process of changing the tire and warned your son not to drive the car.

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