{"id":368874,"date":"2022-02-15T12:47:14","date_gmt":"2022-02-15T17:47:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-a-gas-station-for-bad-fuel.html"},"modified":"2024-01-08T17:01:23","modified_gmt":"2024-01-08T22:01:23","slug":"can-i-sue-a-gas-station-for-bad-fuel","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-a-gas-station-for-bad-fuel.html","title":{"rendered":"Can I Sue a Gas Station for Bad Fuel?"},"content":{"rendered":"\n
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Can I Sue a Gas Station for Bad Fuel?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, you can sue a gas station for giving you lousy fuel, such as watered-down gas. You can recover compensation for damage to your vehicle and the rental car you may have needed while it was under repair.<\/p>\n\n <\/div>\n\n\n\n

If the repairs from bad fuel are minor and no one got hurt, you may be able to handle the case on your own in small claims court.<\/p>\n

But if the gas wrecked your car or someone got injured in an accident caused by bad fuel, that’s another story. You may want to bring in a\u00a0consumer protection<\/a>\u00a0or\u00a0personal injury<\/a>\u00a0lawyer.<\/p>\n

Rushing to the courthouse doesn’t have to be your first step. Gas stations have insurance. They may agree to reimburse you. Another option is to go through your own insurance company. They may cover most of the money you are out (less the deductible).<\/p>\n

If neither option works for you, you can take the gas station to court. This article will explain the reasons to sue a gas station and how the lawsuit process works.<\/p>\n

Bad Gas Can Wreck Your Engine<\/h2>\n

Selling bad fuel isn’t just a matter of making more profit. It can destroy customers’ vehicles.\u00a0<\/p>\n

Suppose you have a job interview, and you stop at a Shell gas station to fill up on your way there. You drive away, thinking about who you will meet and how best to sell yourself.<\/p>\n

Suddenly, you start hearing a strange noise in your engine. The check engine light pops on. You make it only a few more blocks before your car dies. You call a tow truck, which takes it to your dealership. Then, you call the interviewer to let them know you won’t be able to make it there. Unfortunately, they are not willing to reschedule.<\/p>\n

Your mechanic looks at your car. It turns out there is water in your fuel system. They must drain your gas tank, replace your spark plugs, and flush the lines. Repairs cost hundreds of dollars.<\/p>\n

You missed your interview, and you are mad at the gas station. You want to do something about it.<\/p>\n

Can I Report Bad Gasoline?<\/h2>\n

Yes, you can informally report the problem to the gas station. For example, Shell<\/a> offers customer feedback options on its website.<\/p>\n

You can also send a report to your state’s agency. States set and monitor fuel standards and gas station practices. Generally, they do so through an office or program called “Weights and Measures.”\u00a0<\/p>\n

The appropriate agency can vary between states. In Texas, for example, you could contact the Department of Licensing and Regulation<\/a>. In Oregon, where drivers recently gained the option to pump their own fuel, you’d complain to the Department of Agriculture<\/a>.\u00a0<\/p>\n

If you want to take legal action or report low-quality fuel, be quick. As customers stop by the station, the evidence will disappear into their gas tanks.<\/p>\n

Your Negligence Claim Against the Gas Station<\/h2>\n

You may have a claim against the gas station for negligence. A lawyer would say that\u00a0negligence<\/a>\u00a0is conduct that falls below the standard set by law for protecting others against an unreasonable risk of harm. Everyone else might simply say that negligence is when you hurt someone carelessly.<\/p>\n

To make out a negligence claim, you need to show four things:<\/p>\n