What is my recourse if I paid for a service that’s was not performed correctly and could have caused exponential damages?

UPDATED: Oct 1, 2022

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What is my recourse if I paid for a service that’s was not performed correctly and could have caused exponential damages?

The transmission fluid was flushed and a new filter was put into my mother’s vehicle about 2 weeks ago. She called me yesterday saying that her car was stuck in low gear on the highway. I told her get it towed. I investigated the driveway to find transmission fluid

everywhere. The towtruck driver stated that it was a huge leak from the transmission got all over his towbed. What steps should I take continuing forward. Is there anything specific I should be documenting? Should I take the car back to the original place where the flush was performed and let them fix their work or take it to another place?

Asked on September 4, 2018 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you take it some other place, either because you don't trust this location or because they won't fix it,  or you do take it back and they still don't fix it, you can sue them for the cost of the additional service, which would not have been required had they done their work properly. All you can get back is the cost of the additional service, the cost of the towing, and the cost to repair any additional damage which DID in fact occur--there is no compensation for what might or could have occured, only for what did happen.

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