Legal Question in Civil Litigation in Florida

What is the statute of limitations as far as time is concerned to file a lawsuit? I took my car to my local walmart this past 4th of July Weekend for an oil change. The oil was not replaced and my car engine died. Walmart is saying that it's not their fault because they have video that they poured oil back into the car. My car does NOT have an oil leak and there is no evidence of a leak....their technicians came to my home to check the car and said there is no leak and told me that the engine is in fact dead. When the car died I called my mechanic and told him what happened, I let him listen to the noise the car was making and he told me that it sounded like the engine in shot because it had no oil in it. I told him that can't be the situation because I had just taken the car for an oil change 3 days before. Long story short I went to an auto supply store and purchase 4 quarts of oil and poured it in the oil compartment, hoping that it would get my car going agin it didn't. Walmart is claiming that they are not at fault. I haven't filed a lawsuit as yet because I did not have the funds to file the claim, hence the reason for me not filing before now.


Asked on 11/30/09, 12:35 pm

3 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

4 years if oral contract and 5 years if written agreement. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 12/05/09, 12:42 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

negligence is 4 years.

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Answered on 12/05/09, 5:33 pm
Sarah Grosse Sarah Grosse, Esquire

You have to prove causation.

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Answered on 12/06/09, 10:48 am


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