A Gauteng motorist has taken a petrol station owner to the small claims court after his car overheated because an attendant allegedly did not replace the radiator cap.
A Gauteng motorist has taken a petrol station owner to the small claims court after his car overheated because an attendant allegedly did not replace the radiator cap.
reported that a Mercedes-Benz owner filed documents stating that he asked the petrol attendant to “pump the tyres, fill the tank and check oil and water” in March 2000.
The vehicle owner alleged that the attendant failed to replace the radiator cap and his engine suffered damage as a result. He is claiming about R15 000 for engine repair and legal costs from the garage owner.
The garage owner’s written response was that he was not responsible because he had signs on the forecourt telling customers to check that caps had been replaced correctly. He said the car owner should also have taken note of his dashboard warning light and temperature gauge.
CAR Legal Logbook author and advocate Don Smart advised that motorists should be aware of disclaimers on the forecourt, but it is the responsibility of the attendant to ensure that a specific service rendered by the petrol station is done correctly.
Retail Motor Industry chief executive Jeff Osborne told CARtoday.com most garage owners have defective workmanship cover in case problems arise and can then just refer the matter to their insurance company. He said disclaimers on the forecourt are “meaningless legally” as they do not provide indemnity against gross negligence.
“It is written into our country’s Petroleum Act that self-service is illegal so a motorist does not even need to get out of his car at a petrol station and cannot be told to check something himself,” said Osborne.
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