If I take my ATV into the place where I bought it to be fixed and they further damage it, what rights do I have?

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If I take my ATV into the place where I bought it to be fixed and they further damage it, what rights do I have?

We contacted the company to fix what they damaged and they told us to never call or do business with them again.

Asked on September 26, 2012 under Business Law, Utah

Answers:

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

Answered 8 years ago | Contributor

You can sue the ATV repair shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable ATV repair shop 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 ATV shop, would your ATV have been damaged?  If the answer is no, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the ATV repair shop 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 for negligence.  Your damages would be the cost of repairs to the ATV.  You will need to mitigate (minimize) damages by selecting an ATV repair shop whose fees are comparable to other ATV repair shops in the area.  If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.


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