[aznatama]

Lol. Problem is, plaintiff would need to prove damages. So he's unlikely to prevail against the dealer in this case, unless he can show that the mess up caused actual damage. This would require months of non-use of the car until litigation ends, as well as somehow proving that any damage found was not done after the car left the dealership with the proper oil in it. Then there's evidence admissibility issues with the actual car itself. The cost of such litigation would really be more than the car is worth, and unlikely any attorney would proceed with this on contingency.

The most an atty will likely do here is write a formal letter of demand.

However, the simple threat of litigation means spending money to defend it. The time and hassle involved could easily outweigh simply filling an insurance claim with the dealer's ins company.