Can I sue a dealer for failure to properly test the vehicle prior to my purchase?

I got a scooter online. Since day one there have been issues with mechanical failures- lights not working and the battery being bad. I worked with the dealer to try and resolve the issue’s at hand. I replaced the solenoid and the battery through them. This is a brand new scooter and I’m its first owner. I was in an accident on it and broke my elbow because the brakes throttle and speedometer did not function properly. I want to sue them for the cost of the scooter and for pain and suffering.

Asked on March 8, 2014 under Personal Injury, Arizona


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

This sounds more like a case for a defective product, against the manufacturer, than a good case against the dealer, who was merely acting as a middleman, although you can include the dealer as a defendant in a defective product case since he was part of the chain of custody.  Seek out an attorney in your area who does product liability or defective product litigation.

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