If an employee of an auto parts store put the cables on backward when replacing my battery and the wiring and electrical is now destroyed, can I sue for another car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an employee of an auto parts store put the cables on backward when replacing my battery and the wiring and electrical is now destroyed, can I sue for another car?
Asked on November 20, 2015 under Business Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can sue both the at-fault employee and the auto parts store for the cost to repair your car (if it can be repaired) or the then-current value of the car (its value when it was destroyed), if the car's value at that time was less than the cost to repair. (They have to pay the lesser of the repair cost or fair market value.) They do not have to pay the cost of a new car--it's repair or value of the car that was destroyed.
Any person who negligently (or carelessly) damages or destroys another's property can be liable for it; and if the damage is done in the course of that person's employment, his or her employer can be liable, too, under the theory of "respondeat superior."
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.