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TJ-SP Ruling Holds Gas Station Liable for Selling Contaminated Diesel That Damaged Worker’s Vehicle and Recognizes Compensation for Lost Profits
A gas station located in the capital of São Paulo was ordered by the São Paulo Court of Justice (TJ-SP) to compensate a taxi driver over R$ 26,000 after selling contaminated diesel. The driver’s car was damaged, he was unable to work for weeks, and he also proved loss of income during the time the vehicle was out of service.
The ruling, made by the 32nd Chamber of Private Law, partially upheld the decision of the 1st Civil Court of the Regional Court of Lapa. In addition to compensation for material damages, set at around R$ 26,000, the court also recognized the right to compensation for lost profits in the amount of R$ 450, corresponding to one day of lost work.
Contaminated Diesel and Proven Damages
The case began when the taxi driver filled his vehicle at the gas station and, shortly after, noticed issues with the car’s performance.
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The next day, the vehicle wouldn’t even start.
Upon inspection at the mechanic’s shop, it was confirmed that the fuel was contaminated, showing dirt and impurities that compromised the engine injectors.
The vehicle was out of service for about a month, which not only incurred high repair costs but also resulted in the temporary loss of the worker’s main source of income.
Expert reports confirmed that the problem stemmed directly from contamination in the gas station’s storage tanks, reinforcing the establishment’s responsibility.
Court’s Understanding
The rapporteur of the appeal, Judge Marcus Vinicius Rios Gonçalves, highlighted that the damages were undisputed and directly linked to the supplied fuel.
He stated that, in addition to repairs, it was demonstrated that the taxi driver lost income due to the unavailability of his vehicle for professional activity.
The judge explained that, although the driver lost other contract opportunities during that time, only one day of work could objectively be proven.
This led to the determination of lost profits at R$ 450, in accordance with the daily rate for the category as provided by municipal law.
Responsibility and Example for the Sector
The decision was unanimous and also included the votes of Judges Tetsuzo Namba and J. B. Paula Lima. For the court.
There was no doubt regarding the liability of the gas station and the managing company, as the expert analysis indicated storage failures compatible with the damages suffered by the plaintiff’s vehicle.
The case serves as a warning to the sector, as it underscores the need for stringent quality control of the fuel offered to consumers.
In addition to financial damage, situations like this undermine trust between clients and establishments.
The episode reinforces the importance of oversight and transparency in the fuel market.
The condemnation of the gas station in São Paulo demonstrates that irregular practices can have severe legal and financial consequences, especially when they directly affect the livelihood of workers.
What do you think, do cases like this reveal oversight failures or indicate that justice is fulfilling its role to protect consumers? Share your opinion in the comments and join the debate.
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