Negligence

I brought my 2007 vehicle into a local mechanic shop
for routine maintenance. While on the lift, they
removed the block from behind the tire on passenger
side and dropped my heavy duty van off the lift. This
caused enough damage for their insurance company
to total my van.
I had to go secure a new vehicle putting my family in
extreme hardship.
Do we have a case to sue this shop for negligence?

Asked on June 19, 2017 under Accident Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can file a suit for negligence since the auto body shop breached its duty of "due care" in the repair of your vehicle. That means it did not excercise that degree of care that a reasonable auto body shop would have done under the same conditions. Yoou can be compensated for your loss, that is your "damages", which would be the cost of your your vehicle.

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

Answered 3 years ago | Contributor

You can sue the auto shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable auto shop would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the loss of your vehicle.


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