Legal Question in Consumer Law in Texas

Wal-Mart service department lack of service

Every 4 to 6 weeks depending on the mileage I have my oil changed and pay the extra amount for the 15 point check which includes having the fluid levels checked at Wal-Mart's Automotive Service Department. My transmission needs to be overhauled at 80,000 miles because of a slow leak in transmission fluid. Over the past several months the leak has slowly destroyed my transmission and I have taken the car in to Wal-Mart on at least five different occasions in the time frame the transmission repair company is giving me for this slow leak. Not once did the service department at either of two locations notify me of low transmission levels or note the low fluid on my receipt and services printout. Not one time was I told over several visits, that unfortunately, could have easily avoided this severe damage to my engine. I have each of my receipts proving that the departments were negligent and I would hope that Wal-Mart would be responsible enough to help fix the damage that it helped create. Is there any legal ground for me to stand on? If so would small claims court be my best bet?


Asked on 2/15/05, 9:18 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Wal-Mart service department lack of service

It would appear that you have a pretty solid case, and Small Claims is your best bet. Remember, the maximum jurisdictional amount for Small Claims is $5,000.00. One penny more and the court loses jurisdiction and your case gets tossed out.

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Answered on 2/15/05, 10:36 am


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