Am I responsible for additional repairs ifa mechanic made a mistake?

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Am I responsible for additional repairs ifa mechanic made a mistake?

I send my old (motor running) bass boat to a mechanic to have the throttle adjusted. I used the boat 1 hour prior on the water and had no problems with the motor besides the idle being to high. At the mechanic, he told me that he recommends a full tune-up which cost around $600 and that he will make this motor run like new. Now, 4 weeks later he stated that the motor is dead and does not do anything anymore. He stated that he had the motors idle adjusted and turned the and turned the motor off, 2 days later as he tried to start the motor it did not do anything. Now my question, it seems that he will charge me for the repairs (if he ever gets the motor running again) and time spend. The motor was running prior tune-up do I have to pay for the repair (motor not running at all after working on it) or what rights do I have?

Asked on February 11, 2011 under General Practice, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a mechanic or other service person damages an engine or other property on which he or she is working, that mechanic should be responsible for all costs or repair or replacement. The problem, as a practical matter, is (1) proving that the mechanic damaged the engine, since the fact that it stopped working after the mechanic worked on it does not definitively prove that the mechanic caused the problem; and (2) if the mechanic simply refuses to pay, you'd have to sue him, which could cost as much or more than you'd recover. Therefore, it's often in a person's best interest to work out some settlement in situations like this which will satisfy both parties.


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