Liability for the bill? Myself or the dealer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Liability for the bill? Myself or the dealer?
My fourwheeler was taken to a
dealership for service to have all
fluids changed for its first service.
It is out of warranty buthe has low
hours on it as well as low miles 423 to
be exact. The machine ran great when I
dropped it off, the told me the oils
were all clean when they changed them.
Not dirty or metal shavings showing
wear I paid the bill and went to load
my machine only to find out the
speedometer was stuck on 20mph, the
service light was flashing and the
machine wouldn’t run. I never moved it.
I Went back inside since the machine
was outside waiting on me grabbed the
service guy and he brought two
mechanics who are now saying the engine
may have had a failure inside. He also
told me I’d be liable for the bill for
further repairs is this true or should
they have to pay it?
Asked on June 11, 2016 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, they would only be liable if they caused the problems or damaged the machine, since as you point out, it is out of warranty: when out of warranty, there is no obligation to repair unless you can show that the dealership damaged it. That is likely to be your key issue in trying to force them to pay for the repairs--can you prove that they caused the damage? The fact that the problems appeared after it was in their hands is certainly supporting evidence, but does not by itself prove their fault or responsibility: sometimes things just happen to break down after they with a certain person or business, without that person or business causing the problem. You would likely need some other mechanic to examine the machine and offer an expert opinion (which he'd have to testify to in court, if it came to that) that the problems were caused by the dealership employees doing certain things, such as an incorrect or incompetent repair or getting fluids into the electrical circuits. Since you'd likely have to pay that mechanic for his time, and cannot recover the cost of doing so in a lawsuit, unless the repairs the 4-wheeler needs are very expensive, it may not be cost effective to take legal action to seek reimbursement for repairs.
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.