A Jiffy Lube station is off the hook for not telling a customer that his tire treads has been warn down dangerously low, the Arizona Court of Appeals ruled. http://lawyersusaonline.com/blog/2010/05/12/jiffy-lube-not-liable-for-faulty-tires/
In the case at hand the plaintiff brought his parent’s vehicle to a Jiffy Lube to have its oil changed. As part of the service, Jiffy Lube checked out the car’s tire pressure.
But then a few weeks after the oil change the plaintiff had an accident where he lost control of the car while driving on a wet road. He was paralyzed when the car rolled over.
His family had charged that Jiffy Lube had a responsibility to inspect that car’s tires and report on any wear that could lead to an accident.
The chain doesn’t replace tires or sell them, but it will rotate them for an additional fee. But the plaintiff has only paid for the oil change service.
But Arizona’s appeals court agreed with a summary judgment that had been in favor of Jiffy Lube.
“(We) disagree with plaintiffs that their contractual relationship with Jiffy Lube extended to a safety inspection of the vehicle’s tires such that Jiffy Lube owed a duty of reasonable care to inspect the tires,” the appeals court said. “The oil change agreement between Jiffy Lube and plaintiffs included only a check of thei air pressure in the tires, not an overall inspection.”
Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
email@example.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.