Owner of Jeep left at dealer for oil change is sued after tragic accident

[SpeedNeed]

“California, Connecticut, Florida, Idaho, Iowa, Maine, Michigan, Minnesota, Nevada, New York, Rhode Island and the District of Columbia all have forms of vicarious liability statutes. Under these statutes, an owner who gives authority to another to operate the owner’s vehicle, by either express or implied consent, has a non- delegable obligation to ensure that the vehicle is operated safely. “

https://www.mwl-law.com/wp-content/...-AND-VICARIOUS-LIABILITY-OF-VEHICLE-OWNER.pdf

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[ShadowsPapa]

To be fair, a lot of these people that do oil changes are hella inexperienced or just don’t care, I got a Jeep Wave oil change once and the plug was way too tight it got stripped trying to take it out that I had to buy a new plug when I changed it myself.

That happens, yes, but the majority have no problems. Hundreds of thousands of oil changes done at dealerships every week have no issues.
I've not had issues with dealer oil changes.
Tire rotations can be another matter - but I usually come home and loosen the lug nuts and torque them properly anyway. At least I don't have to jack up the truck and move those heavy tires around when I could be doing something much more fun.

 

[JET_83]

That happens, yes, but the majority have no problems. Hundreds of thousands of oil changes done at dealerships every week have no issues.
I've not had issues with dealer oil changes.
Tire rotations can be another matter - but I usually come home and loosen the lug nuts and torque them properly anyway. At least I don't have to jack up the truck and move those heavy tires around when I could be doing something much more fun.

But have you personally tried to change your oil after they’ve done it?

 

[ShadowsPapa]

10 minute oil change is grunt work? So I take it you do zero work on your Jeep yourself? You know there are 4-star Generals and CEO's that work on their cars right?

Boy you are a bitter bitter angry person.
I do the work I want to do, the things I wish to do. I do restorations for others as well.
I don't give a shit what generals do - maybe for them it's a nice break and it's what they enjoy - of course they may be screwing it up, too. Just because they can doesn't mean they should.

I've been a mechanic, trained in college and some factory training, for 50 years. I can do oil changes in my sleep - but why? There's a lot more fun stuff.
I guess you haven't followed the stuff I've done or do.
Yes, a 10 minute oil change is grunt work and I laugh when you say 10 minutes. Seriously? You can't be checking anything in 10 minutes. Start to finish, and finish means all tools cleaned and properly put away, and oil properly containered or disposed of, filter drained and properly disposed of....... if you are doing it in 10 minutes stay the hell away from my truck and hands off my tools.

Again, you appear to be thinking in very limited terms, only of your own world and not of others.
You don't know me but are judging me for my choices.
And you keep missing points. You are saying anyone who has another person or place do certain things are lazy and that having others work on a vehicle is too risky.
No, what's risky, even deadly, is suggesting everyone should do the work on their own vehicle.
I've built cars from the ground up and likely have worked on more cars and trucks than most here unless they've been at it since the 70s as a pro.

As far as this:
>>So I take it you do zero work on your Jeep yourself? <<
So why the bloody hell should you care? Really, is a person less of a man in your eye? That's exactly how you sound - doing your own oil changes is macho, manly, but not doing them is wimpy, weak. Wow, you sure have a lot of hate - and judgement going on there.

And no - I've done all mods myself, every one of them, from suspension to bumpers, to electric, winch, whatever.
You do your oil changes while I make money doing work for national champion cars - fun stuff few can do or even know how to do. I've got more restoration work to do than I can handle at present, differential to rebuild, swapping tinted glass into a classic car, rebuilding tilt steering columns.......

 

[Mojave2021]

“California, Connecticut, Florida, Idaho, Iowa, Maine, Michigan, Minnesota, Nevada, New York, Rhode Island and the District of Columbia all have forms of vicarious liability statutes. Under these statutes, an owner who gives authority to another to operate the owner’s vehicle, by either express or implied consent, has a non- delegable obligation to ensure that the vehicle is operated safely. “

https://www.mwl-law.com/wp-content/...-AND-VICARIOUS-LIABILITY-OF-VEHICLE-OWNER.pdf

Thanks for sharing. Point 3 where it states that the vehicle owner imust be aware of the incompetence of the service provider. To me that should alleviate the vehicle owner’s liability in these situations.

I too have been debating having my free oil changes. But I’ve had filters overtightened and engines overfilled in the past. I enjoy doing them myself for some reason too

 

[ShadowsPapa]

But have you personally tried to change your oil after they’ve done it?

I check things over once in a while. No issues. I've never so much as seen oil on anything it didn't belong on other than when they did the steering gear the first time. They didn't wipe a couple of things down as well as I like.
Think about it - if they mess that plug up, it's on them next time! And since they do it, it's covered.

I just can't believe how some hound on others for their personal choices to do or not do something.
I don't have to prove anything by changing my own oil. I've proven myself in the trade for many years (and the certs and awards to prove it)
Oil changes just are boring, ho-hum, why should I do it work when I get richly rewarded for doing other more technical stuff.
I spent years doing it, I do it now on 2 cars and a lawn tractor - so I do plenty of oil changes. I don't need to add another vehicle to the list of oil changes I already do.
I currently have 4 vehicles and a lawn tractor to maintain, 2.5 acres to maintain, and a car in my shop to finish restoring that needs full suspension rebuild, full brake job, needs the interior finished, need to finish putting in the power windows and locks and eventually painting it. Let someone else change some oil! I have much more fun, and it's much more REWARDING doing the technical things either no one else can do, or I don't trust others to do.
I got my ESS working right, got rid of that not ready, battery charging message.
Next on the list of things to do on the truck - I'll be pulling the mods off to put on the new one, and as I do, I'm prepping all of the bolts, nuts, washers and other hardware and will be re-plating them in black zinc when I do my next batch of plating. I've got about 10 wiper motors to restore so will be doing a whole lot of plating and will do the bumper parts as I take the bumper off for putting on the new truck. I may powder coat the bumper, not sure yet.
anyway, why would I want to add oil changes to my stuff to do when I do far more technical work daily?

 

[ShadowsPapa]

If everyone is so bored or loves doing oil changes that much - the local shops are looking for employees, and I am NOT joking. Shops are desperate to hire people who can do that sort of work. And if you can do more technical things - and live close, you can work in my shop doing odds and ends. Maybe help finish up a restoration on another Eagle I'm doing.

I just don't get how some machos love to look down on those who either choose to not do an oil change or maybe for any other reason don't. It's like you aren't a real man and it's a measure of your worth if you do a 5 buck chore or not.

I guess I'm not a REAL man, not macho enough to own a Jeep - I choose to do technical things rather than yet another oil change. I already do those on other vehicles I own.
Sorry to disappoint, I'm a loser, I don't change my Jeep's oil. Shame on me! I guess I have to cancel my order and sell this one. The macho guy and judge of all who don't do their own oil changes has decided I'm not worthy of Jeep ownership.

 

[j.o.y.ride]

This is just an asinine application of the law. I mean the law is the law, but when you hand the keys to an assumed competent intermediary there should be no assumption on the part of the owner to confirm that the next party they employ is competent.

This would seem to apply to a hotel valet as well. You pull up to a hotel in Michigan, the hotel provides a valet service you assume to be competent. It isn't your responsibility to verify the competency or lets say the soberness of the said valet. Or service member in this case.

This is particularly true where dealers and valets do not allow owners to operate the vehicles on their premise in the service bay or valet lot due to their insurance policies.

 

[mmaddired18]

Goodness, I wonder who pissed in @Zybane 's coffee this morning jeez man.

We don't all have the facilities, space, or tools to do an oil change on our own. This is especially true for me as a college student where I have none of the above when I'm on campus. On top of that, my vehicle is a company lease via Stellantis so I'm required to go to a dealership for any sort of work on my Gladiator.

 

[JET_83]

I check things over once in a while. No issues. I've never so much as seen oil on anything it didn't belong on other than when they did the steering gear the first time. They didn't wipe a couple of things down as well as I like.
Think about it - if they mess that plug up, it's on them next time! And since they do it, it's covered.

I just can't believe how some hound on others for their personal choices to do or not do something.
I don't have to prove anything by changing my own oil. I've proven myself in the trade for many years (and the certs and awards to prove it)
Oil changes just are boring, ho-hum, why should I do it work when I get richly rewarded for doing other more technical stuff.
I spent years doing it, I do it now on 2 cars and a lawn tractor - so I do plenty of oil changes. I don't need to add another vehicle to the list of oil changes I already do.
I currently have 4 vehicles and a lawn tractor to maintain, 2.5 acres to maintain, and a car in my shop to finish restoring that needs full suspension rebuild, full brake job, needs the interior finished, need to finish putting in the power windows and locks and eventually painting it. Let someone else change some oil! I have much more fun, and it's much more REWARDING doing the technical things either no one else can do, or I don't trust others to do.
I got my ESS working right, got rid of that not ready, battery charging message.
Next on the list of things to do on the truck - I'll be pulling the mods off to put on the new one, and as I do, I'm prepping all of the bolts, nuts, washers and other hardware and will be re-plating them in black zinc when I do my next batch of plating. I've got about 10 wiper motors to restore so will be doing a whole lot of plating and will do the bumper parts as I take the bumper off for putting on the new truck. I may powder coat the bumper, not sure yet.
anyway, why would I want to add oil changes to my stuff to do when I do far more technical work daily?

Because they over tightened I guarantee it and you wouldn’t be able to remove it yourself without having to put in a new plug

 

[gecko_rubi]

Word of advice … don’t share this article with a family member that’s an attorney. I just got a full lecture from my wife as if I wrote the article and it’s my fault that this lawsuit is happening. Luckily I’m pretty sure I blacked out for part of the conversation.

 

[fun2drum]

I think almost everyone here is mis-representing how "quick and painless" having the dealership change your oil is.

You have to drive to the dealership, then get out of your vehicle, go inside, possibly wait in a line, sign the truck in/work order, then either wait around for the work to be completed or get a lift to your next destination, then get a lift back to pick up the vehicle, go inside, possibly wait in line again, sign the work order/pay, then find your vehicle, drive to next destination or back home...

And you are going to do all that in less time it takes me 10 minutes to change my oil at home with everything that got shipped to my door from Amazon? Ain't no way.

Oh and the dealership is way more expensive than doing it yourself, especially on the diesel. (Jeep wave doesn't count). On top of all that, knowing it was done 100% correctly, with exactly the correct filter and oil by doing it yourself.

Maybe I am cursed, but I think every single experience in my life with a car dealership/service has been negative. Maybe I'm a perfectionist (good to be that way in my profession).

I agree that if you're a military pilot then definitely be a perfectionist, and for that matter call out those who aren't! And by the way thank you for serving!

That said, NO you're not cursed. I think you've just had a string of unfortunate bad experiences that have given you a bad taste for dealer service in general. I don't really blame you either. A couple of years ago I had a bad experience too with my RV at a huge dealer, and yeah it stinks. But I then found a different service location through a friend and I'm now very happy. If you've found happiness with doing it all yourself (and if you have the time and ability) then that's understandable.

With my JT I go to my local dealer for oil changes and everything else. I'm an insurance broker and investor - not a mechanical bone in my body - so I don't change my own oil. I don't care what anybody thinks about that. I'll do what I'm good at and pay others to do what they're supposed to be good at. I arrive for my dealership oil change appointment and I'm gone with a fresh oil change and tire rotation in between 20 and 30 minutes. While I'm there I set up my laptop on an empty desk and get some work done, or sometimes one of the salespeople will chit chat with me about cars, sports, or whatever. Regardless - I've yet to have a bad experience or feel like they're somehow inept. I even take my wife's BMW to that dealership because I've got time and enjoy it. It's a good experience every time there as well.

Well, I didn't mean to go on so long with this post so I'll stop now. I do hope that if you ever really need a dealership for a service issue then by that time you'll have found one you can trust with the work.

 

[AmishMike]

Standards, it is all about a lack of Standards. There are no standards anymore. We hire warm bodies that are the best we can find but just because someone is the best around, doesn't make them good.
That 19 year old kid may have been the best applicant at the time and they hired him, but that doesn't make him good. Rather than have no one in that position and turn away work, they hired a sub-standard employee who did not come equipped for his job with basic required skills.

I spent 20 years running parts and service at dealerships, we had some amazing mechanics and some entry level guys. The key is knowing their capabilities and their limitations. I had a brake job guy who was there for 20 years when I left (and might still be) I would gladly let him do brakes, shocks, oil change on even my wife's car with full confidence. A CEL is over his head.
Yet, I am reluctant to take my Jeep in for a small ATF leak at my local shop. Just saying.

It is not about dollars, life is about values. I can change my own oil in 10 minutes and not use my free oil changes that would cost me at least an hour and a half. Dollars I can make more of, time I cannot.

 

[jac04]

... Just need some clarity of the legal aspects

https://jalopnik.com/why-a-jeep-owner-is-being-sued-for-a-mechanics-death-du-1848884952

Excerpt from the article:

 

[NachoRuby]

10 minute oil change is grunt work? So I take it you do zero work on your Jeep yourself? You know there are 4-star Generals and CEO's that work on their cars right?

And no, you don't have to take the used oil to drop off every single oil change. Most containers can fit 3-4 oil changes in them before you need to drop it off. And basically every auto place store in the country accepts it. Far cry from having to explicitly go to a Jeep dealership every time. (I seriously hope people don't go to "quick-lube" places.

And people always think problems won't happen to "them" and totally disregard the massive nightmare and time waste it is to get a dealer to fix something they broke. I had a dealer once put in a new EcoDiesel into my 2014 JGC that cam slipped and grenade'd; it looked like a monkey did it. Heat shields not installed, dripping fluid, bolts/clips missing. What a joke. Sold the vehicle after the "new engine" was put in.

I do a lot of work on my Jeep. And other cars too. But oil changes just aren't always part of it. There are no heat shields to remove when changing oil on a jeep. So that's not an issue.

And yes, You're right, the containers do hold more than one oil change. But the auto parts stores don't have the people to man the oil container right now, and they haven't for the last 3 years. So usually, it means waiting until the store is empty so someone can go outside with me and they can unlock the tank. And then, they can only take 6 (or maybe it's 8... can't remember) quarts at a time (well-monitored and they make you sign for it.)
So if I have more than one oil change worth in the container, I have to go back 2 or three times or go to two or three stores.

I just have never had a bad experience with a dealership changing the oil. If i ever do, I'm confident they will fix it.

I don't think this is one most will see eye-to-eye with you on. And that's ok. But it doesn't make one a lazy person because they don't change their own oil. It's 10-15 minutes of my time if I do it myself, plus cleanup, supplies, or it's 20-25 minutes at the dealership, with less hassle, and I get a rotation too, which they can do way faster than me. Added bonus, they do multipoint inspection too if you ask them too. Under warranty, that's great. Out of warranty, it's still helpful.

I have two full oil containers right now. I drove around to two auto parts stores and the local Firestone the last time. None had the staff to take the used oil.

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