Took my 5 month old brand new car to Walmart for an oil change & drove 2 hours away only to get stuck coming back with 2 kids in the car on the side of the road in the cold with nothing in site & now my motor is gone bc they installed the oil filter incorrectly or it was defective but I think it was the technician bc he was unsure of what to do. They have admitted fault but I'm having to push to get stuff done. Motor will cost $9,000. I had to ask for a rental car. I've asked for missed wages due to not having transportation plus my kids are now sick with the flu bc of us being in that weather which means missed work, doctors copays, etc...
You can sue them, but why would you want to prolong the matter for months and risk losing if they are accepting responsibility? Your damages are going to limited to breach of contract. They will not likely be responsible for your lost wages or illnesses. If successful, you would likely recover the cost of the motor and loss of use of your vehicle until it is repaired. That is usually the cost of a rental car.
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You can sue Walmart. Based on what you've written, I think you have a viable claim under both negligence and breach of contract. Lost wages, pain and suffering, and medical expense are all on the table. You should speak with an attorney before you accept whatever Walmart is offering you. I typically don't consider it a realistic concern to worry about losing in court if the defendant has already admitted fault.
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