If I took a motorcycle part to a small engine repair shop to be fixed but while my part was there the business changed owners and in the process my part was lost, is the business liable for replacing the part?
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If I took a motorcycle part to a small engine repair shop to be fixed but while my part was there the business changed owners and in the process my part was lost, is the business liable for replacing the part?
Asked on August 10, 2015 under Business Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The business is liable for replacing the part.
If the business does not agree to replace the part, you can file a lawsuit for negligence against the business. Negligence is the failure to exercise due care (that degree of care that a reasonable engine repair shop would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages ( the amount of monetary compensation you are seeking in your lawsuit for negligence) would be the cost of the part. Depending on the cost of the part, you may be able to file your lawsuit in Small Claims Court. Your damages should also include court costs which would be the court filing fee and process server fee.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The business is liable for replacing the part.
If the business does not agree to replace the part, you can file a lawsuit for negligence against the business. Negligence is the failure to exercise due care (that degree of care that a reasonable engine repair shop would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages ( the amount of monetary compensation you are seeking in your lawsuit for negligence) would be the cost of the part. Depending on the cost of the part, you may be able to file your lawsuit in Small Claims Court. Your damages should also include court costs which would be the court filing fee and process server fee.
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