Wht to do if I purchased prescription eyeglasses from local optometrist 6 months ago but they are no good?

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Wht to do if I purchased prescription eyeglasses from local optometrist 6 months ago but they are no good?

After many visits to the office they tell me there is nothing else they can do. They have remade my glasses 2 times and I still cannot see properly. Their invoice states ‘no refund’ but I spent $800 for glasses that are useless to me. Three other optical companies tell me the lenses were not properly measured when cut. They will not refund me.

Asked on January 22, 2013 under General Practice, Texas

Answers:

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

Answered 8 years ago | Contributor

In Small Claims Court, you can sue the optometrist for negligence.

Negligence is the failure to exercise due care (that degree of care that a reasonable optometrist 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 optometrist not measuring the lenses properly, would you have been able to use the glasses?  If the answer is no, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the optometrist of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of monetary compensation you are seeking in your lawsuit.  Your damages would be the amount you spent on the glasses.  Your damages should also include court costs which would include the court filing fee and process server fee.

It would be advisable to have a declaration signed under penalty of perjury from each of the other optical companies you mentioned stating that the lenses were not properly measured, and to introduce that into evidence at the hearing in Small Claims Court.


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