Does the business have to pay for my damages since they did not latch Hood properly?

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Does the business have to pay for my damages since they did not latch Hood properly?

I recently had my oil changed and not even an hour later when I had
gotten on highway my hood flipped up and smashed my window.

Asked on February 24, 2016 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if they failed to latch the hood properly, they were negligent, or unreasonably careless; when somene negligently damages your property, they are liable, or financially responsible, to pay for the damage. If they will not pay voluntarily, you could sue them (e.g. in small claims court, acting as your own attorney, or pro se) with a reasonably good chance of success, in order to recover the cost to repair or replace the windscreen (and also the hood, if it was damaged--this happened to me once, and the hood was warped and also had to be replaced).


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