Is there a law that can protect me from damage done to my car while in the possession of a mechanic?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a law that can protect me from damage done to my car while in the possession of a mechanic?

Today I took my convertible car to a local mechanic to have my rear window, which was off track, fixed. Only 1 window was messed up. About 2 hours after leaving my car I got a call from the mechanic saying that my other window, which was not broken when I took it in, was broken. I believe he should have to fix or pay for this window since it was not broken when I brought it in but he is refusing. He is telling me it will cost me $850 for both windows to be fixed, which is ridiculous. Is there a law or some kind of grounds that can protect me from this mechanic and his unwillingness to fix the window he broke?

Asked on September 21, 2011 under Business Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would have to sue the mechanic for the damages done under a theory of law known as a "bailment."  A bailment is a devery of property from one person to another in trust for the execution of a special project to be performed.  You left the car in his care and in his care it was damaged.  You are going to need proof that the car window that you say was okay when you left it at the mechanics was broken by the mechanic.  That may be difficult to do.  Had you had the car looked at by any one else prior to bringing it in?  Your testimony and the testimony of witnesses to the condition of the car prior would also work.  Good luck to you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption