If I had my windshield replaced but the glass company slit my dashboard over 12 inches, what are my legal rights as a customer?

UPDATED: Jun 22, 2012

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If I had my windshield replaced but the glass company slit my dashboard over 12 inches, what are my legal rights as a customer?

Asked on June 22, 2012 under Business Law, Louisiana


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

Answered 10 years ago | Contributor

You can sue the glass company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable glass company would have exercised under the same or similar circumstances to prevent foreseeable harm).

In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for the glass company replacing your windshield, would your dashboard have been damaged?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the glass company of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit for negligence.  Your damages would be the cost of repairs to your dashboard.  You will need to mitigate (minimize) damages by selecting a repair shop to repair your dashboard whose charges are comparable to other repairers of dashboards in the area.  If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.  If you need a rental car while your car is being repaired, you will need to select a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you failed to mitigate damages and your damages would be reduced accordingly.

You may be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs which would include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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