Is the mechanic who took possession of my RV financially responsible for damage?
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Is the mechanic who took possession of my RV financially responsible for damage?
I purchased a used RV from dealer. Driving home it lost power and was blowing smoke. I pulled it over and stopped immediately. Dealer sent service manager and mechanic to me. They asked me to drive RV back to dealer. I refused stating it was not safe to do. They looked at the RV and discovered that the exhaust system had broken and put a hole in a oil line. The service manager told my and my wife that they were going to drive it back to dealership. We told them that they should not do that. They told us
Asked on July 18, 2016 under Accident Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Typically, an employer is liable, or financially responsible, for damage done by its employees through negligence, or carelessness, in the course of their employment. The mechanic was driving the RV as part of his job; it would seem to have been negligent or careless to drive a vehicle with a hole in the oil line. Based on what you write, the mechanic's employer would appear to be liable for the damage. The mechanic himself is also potentially personally liable, since he casued the damage; if you sue-which is what you'll have to do, if they do not voluntarily compensate you--you are advised to sue both the dealer and the mechanic, since the more people you sue, the greater your chance of recovering compensation.
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