You may - the reason I say that is that if your mechanic says that the damage was due to too much oil, Wal-Mart will come back and allege that you added more oil after. Of course the judge may not believe that because who would add oil right after an oil change but who knows. I suggest that you begin by writing a demand letter demanding they pay for the damage. If they don't, you can sue them in small claims court.
Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.
I agree that you may have a case. It is hard to say where the damage occurred, it might have been from them not draining the old oil out of the car. I think a demand letter is a good place to start, but knowing how Walmart operates, I would not expect results, unless you are sending it to the proper person here in Arkansas. I would talk to the manager of the tire and lube department and then the store manager. See if that will get you anywhere. Take them a list of the damages done, some times when dealing with Walmart, things are best left to a good store manager who can help fix problems faster then getting the litigation team involved. Once that happens, which it would with a demand letter, you will need to sue them for the damages.
This answer is a free service to you, and the general public based on limited facts specific only to your issue, and may not apply in every situation. To assure that your situation does not differ from the answer provided above, you should immediately consult a licensed attorney in your state with all the relevant facts and details regarding your specific concerns. Please note, this forum is not a place to communicate all the details, as this forum is public and it could limit your rights in the future. This is not an opinion under the Government Regulations contained in IRS Circular 230, which regulate written opinions about Federal tax matters. This is not such a written opinion, it is an other written communication, and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.
You do not make it clear, but it does not seem that you have yet had your vehicle inspected by a mechanic qualified to assess the "cause" of your problem as being due to the work by Walmart's mechanics. Any lawsuit brought by you would require "expert" testimony to support your claim and then there is still no guarantee of success if Walmart offers expert testimony to the contrary. Depending on the value of your car, or the cost of repair, any lawsuit might cost more to prosecute than the amount of claimed damages.
You will have to pay for expert testimony, likely the lawyer will want upfront money--you've admitted that the shop video shows what looks like a a proper oil change. So it costs of litigation may be high, strength of case appears not so strong--likely there are other facts that will come into play that may impact the outcome--but on what you posted, you do not have a slam dunk. Take care to choose your attorney well. Best of luck to you.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.