What to do if we were sold tires that were discontinued a year ago and after driving for a week they fell off of our truck because they were too big?

UPDATED: Mar 27, 2014

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What to do if we were sold tires that were discontinued a year ago and after driving for a week they fell off of our truck because they were too big?

The company put them on our rim that was 1/2″ to big. We tried to get our money back $300 but they said it wasn’t their problem. Every tire place we took the tires to explained to us they were notified these tires were discontinued a year ago and labeled fatal. Empire tires, tire factory, les swab all said the same thing. On the tires manufacturer’s webpage it is said these tires are bad. So this guy is a crook. I’m a woman driving my 2 babies around in this truck. What is the best way to go about getting my money back? I need the $300 for tires and the $50 for putting tires on my truck. No receipt was given to me for the purchase of the tires.

Asked on March 27, 2014 under Business Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only way to get your money would be to sue for it: you would file a suit in small claims court, acting as your own attorney. You would base the suit on either/both of the following (you would plead, or allege, them in the alternative, which means that it's one or the other):

Fraud--they knew the tires were wrong for your truck but lied about that to get you to pay them;

Negligence (carelessness)--they were careless in mounting unsafe tires.

You'll have to pay the court filing fee (usually $25 - $35), but may be able to get it back if you win.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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