How do I get money back from services that weren’t done properly?

I own a floral business and I asked a local company to work on my cooler to get it working. I bought it working, then it broke, and I asked them to come fix it. It never did work properly after they were done and now I have learned that the person that worked on it is not licensed in my state and should never have worked on my cooler. I asked someone to come in and see if they could fix it and they

said it is so messed up they wouldn’t touch it. The work that was done to my cooler would take at least $2000 to fix if it even could be fixed. I would like to go after this guy/company for my expenses as well as money to get it fixed properly. Can I do this?

Asked on January 24, 2018 under Business Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the cooler repair company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable cooler repair company would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence can also be established since the repairman was unlicensed if being unlicensed violated a statute.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of a replacement cooler if the cooler cannot be repaired or is not worth repairing. The replacement cooler must be comparable to the one that was damaged in order to mitigate (minimize) damages.  If you purchased the most expensive replacement cooler you could find, you have failed to mitigate damages and your damages will be reduced accordingly.


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