What are my legal options if I paid a garage to fix a problem but a day later it still has the same problem that they supposedly fixed?

Asked on November 9, 2012 under Business Law, Ohio

Answers:

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

Answered 8 years ago | Contributor

It would be advisable to contact the garage and request that they repair the problem again.  Their work should be under warranty.  If the garage refuses to repair the problem, you can sue them for breach of warranty.  Your lawsuit would have two separate causes of action (claims); one for breach of warranty and the other cause of action would be for negligence.

The negligence claim would be based on the substandard work.  Negligence is the failure to exercise due care (that degree of care that a reasonable mechanic would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs.  If the garage doesn't cooperate and refund your money or fix the problem, and you end up going to a different mechanic, your damages would include the repair bill from the second mechanic.  You will need to mitigate (minimize) damages by selecting another mechanic whose fees are comparable to other mechanics in the area.  If you were to select the most expensive mechanic you could find, you failed to mitigate damages and your damages would be reduced accordingly. 


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