If a gas attendant pumps diesel into a gasoline truck, is the station liable for damages?

In Oregon you can not pump your own gas.I pulled into a station that I normally do not use and pulled up to the diesel only island.Stepped out of my 82 ford p.u. and gave the girl my credit card and said fill it up with regular.she pumped 15.7 gals of diesel into my truck and I drove away.Ten minutes later my truck broke down and had to be towed to my home then to a repair shop.I still did not know that there was diesel in my tank. The repair shop figured it out and now I have two tow bills and a repair bill. I filed a complaint with the station and the main office called me and the girl said that she would present the problem to the owners and see if they want to help me out with the expenses that I got. Do I have any legal right? Is the station liable?They are going to call back Mon. or Tues. with there answer. The woman that called me said that they train there people to repeat the order back so as not to get it wrong,this was not done.

Public Comments

1. I would say it is entirely their fault... (although it probably would have been wise to watch her at least long enough to make sure she was putting in what you asked for.) Get yourself an attorney if things get messy.... you should be fully compensated.
2. well if i read your ? right you said you pulled up to the diesel only island well what do you expect the girl to do if you pulled to that pump with diesel and not gas she thought you wanted diesel that's why you pulled in front of that pump . she could not get in your truck and move it to a gas pump. so technically it is just as much your fault as hers. if you wanted gas you should have pulled to the gas pump not diesel..
3. If you pulled up to the diesel only island, you're at fault seeing as how the attendandt is not allowed to drive your car.
4. Interesting that Oregon does not allow you to pump your own gas. One thing I see here is that you pulled up to the diesel only island and stepped out of your vehicle. This girl seems to have 'assumed' that you wanted diesel because you pulled up to that pump. She should have repeated what you said and failed to do that. The station will probably use the excuse, "you pulled up to the diesel pump" and make it your fault. I would suggest that you ask around and find out if any others have had problems with that same gas station and the girl who pumped the gas into your vehicle.
5. how would the girl know if you pulled up to a diesel section that you're truck isn't diesel? it's not her fault, you made that boo boo.
6. Of course they're liable, but I don't understand how they could do it. A diesel nozzle is generally too big to fit into a gasoline tank receptacle.
7. I would say that it is the stations fault! If they decide not to cover the expense... You can argue that there are safe guards to prevent this. The nozzle on the diesel dispenser is a different diameter than the one on the gas. The diesel nozzle should not be able to fit in to your fill spout. (unless the flap guard has been removed on you fill) If you flap guard is there, I would report them to the State Fire Marshal. They are in violation of state and federal fire codes. I'm sure they will settle up with you when you present this info to you.