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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.


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