Sun roof flew off after serviced by technician whos responsible

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Sun roof flew off after serviced by technician whos responsible

Hello so I have a 2007 Mazda 6 and my
sunroof was stuck open not closing all the way
, now I took my car to an auto electric shop
who had told me he can get it shut to where I
want it for 250 so I said ok thats cool Ill do
that. I left my car there for about 3 hours and
they called me saying it has been done and
that everything went as expected , I had asked
the guy owner and guy who serviced my
sunroof what exactly was keeping it from
closing and he told me it was a broken geyser ,
not sure if thats how you spell it but thats what
it sounds like hes said anyways but he said
that it was shut and had taken out the fuse for
the buttons that open the sunroof so that I
wouldnt accidentally press it and get it stuck
again so I didnt have a problem with that as I
just wanted to get the damn thing shut after it
being stuck open for a good month. NOW I had
gone home and didnt go out after that, the next
day my girlfriend went to the nail salon and on
the way back took the freeway, she called me
once she got off the freeway and told me that
the entirety of the sunroof glass , panel that is
part of the interior , and the brackets and parts
holding the sunroof in place literally FLEW off
the car and into the air breaking into many
pieces , thankfully there was no one behind her
for the glass to hit but once that had happened
she came home and I immediately called the
auto electric place , oh and I completely forgot
to mention when I was paying the 250 for the
service that was SUPPOSE to close my
sunroof all the way and not intend for it to ever
be open or come up again, well the cashier
had actually charged me 25 instead of 250
due to a mistake on THEIR side. I am curious
as to if Im legally obliged to pay the remaining
amount of the 250 even thought it was their
mistake and considering now that they owed
me a complete installation of a glass , brackets
and parts that held the glass in place that were
already installed and holding the glass just fine
BEFORE the owner serviced it. Now this
happened on the weekend and the owner
assured me that he would get me a new glass
and wouldnt charge labor BUT he wanted me
to pay for the parts that held the glass in place
the geyser is the only thing I feel like I should
have to pay for being it was the only thing
already broke , and he wants me to pay for 2
guides which the three parts equal out to 400
with shipping . And ON TOP of that he still
wants me to pay the remaining 225 that I had
explained to you earlier in this text. Now that I
have filled you in on the situation what do you
think is legally fair ? I feel like I should only
have to pay for the 225 which they should
ALREADY have if their receptionist hadnt had
under charged me in the first place along with
the geyser part that was already broken, but
the other 2 parts called the guides I dont feel is
fair for me to have to pay for, now after I told
him I dont think its fair he said he could just
give me the 25 back and we can call it even
? This is what gives me the nerve to research
this he thinks that giving me 25 back will call t
even , after HIS service is what caused my
sunroof to fly off my car along with its
components . To be honest I dont think I
should have to pay for anything except the
initial 250 for the service to manually close my
sunroof , and now that the service has failed
still wants me to pay for the rest of it and to pay
for part of what they should be responsible
for… I want to get a lawyer and take him to
court about them taking responsibility but I also
dont want to waste time and money doing so if
there is no point can you PLEASE help me out
here ? Thank you

Asked on May 29, 2018 under Business Law, California

Answers:

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

Answered 3 years ago | Contributor

You can sue the auto shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable auto shop would have exercised under the same or similar circumstances to prevent foreseeable harm).  The employer is liable for the negligence of the employee (technician) who repaired/installed the sunroof.
Your damages (monetary compensation you are seeking in your lawsuit) are the cost of repairs / replacement of the sunroof including the parts.
You can file your lawsuit in small claims court.  Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.


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.

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