Damage to car

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Damage to car

I got my oil changed and the employee forgot to put the oil cap back on. Miles
down the road oil started spewing all over my windshield and side of car. It was
a total disaster. The company had it cleaned and detailed but my car is making
weird noises now and not running correctly ….. what are my rights?

Asked on May 10, 2018 under Accident Law, Louisiana

Answers:

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

Answered 2 years ago | Contributor

You can sue the business that provided the service for negligence since the employee did not excercise due care (i.e. the standard of care that should reasonabyly be excercised when providing an oil change) which resulted in damage to your car. You can bring suit for the costs of repair and any incidental damages such as a car rental, etc.

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

Answered 2 years ago | Contributor

You can sue the company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable oil change facility would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your damages (monetary compensation you are seeking in your lawsuit) are the cost of repairs to your car.


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