If I took my auto to a dealership for oil change but my oil cap was damaged, are they liable for the repair?

When I went to get it changed the next time it was due was told by 2 different places they could not change it do to the oil plug being so tight they couldn’t remove. Now I have to pay $1200 parts and labor for repair. Is the first dealership liabel for repair?

Asked on August 26, 2013 under Business Law, North Dakota

Answers:

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

Answered 7 years ago | Contributor

The first auto dealership is liable for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable auto dealership would have exercised under the same or similar circumstances to prevent foreseeable harm).

If the first auto dealership is unwilling to pay for the repairs, file a lawsuit for negligence against them.  You may be able to file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking in your lawsuit would be the cost of repairs to your car) plus court costs.  Court costs would include the court filing fee and process server fee.


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