Can you sue a mechanic?

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Can you sue a mechanic?

My dad had his antique vehicle restored by a mechanic and when he drove it for the first time after completion, the gas tank was leaking gas, the air conditioner he recommended didn’t work and it didnt perform like was promised. Is there any course of action he can take legally to get his money back or the job done right?

Asked on June 17, 2019 under Business Law, Texas

Answers:

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

Answered 1 year ago | Contributor

If the mechanic's work was under warranty, the mechanic should correct the problems at no cost. If the mechanic doesn't honor the warranty, sue for breach of contract and breach of warranty. Damages (monetary compensation your dad is seeking in the lawsuit would be the cost of repairs).
If a warranty is not applicable, sue for negligence which 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). Damages would be the cost of repairs.


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