What if a jeweler damaged the stone on my engagement ring while resetting it on a new engagement ring?

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What if a jeweler damaged the stone on my engagement ring while resetting it on a new engagement ring?

I feel they put a blemish in the stone and they want to charge $700 to replace a stone they damaged. It happened less than 30 days ago.

Asked on August 17, 2012 under General Practice, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

You could sue the jeweler for negligence.  Negligence is the failure to esercise due care (that degree of care that a reasonable jeweler would have exercised under the same or similar circumstances to prevent foreseeable harm).

In order to prove negligence, you will need to prove duty (of due care) mentioned above, breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for the jeweler, would the stone have been damaged?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the jeweler of liability?  If the answer is no, proximate cause has been established.  Damages means the the amount of compensation you are seeking in your lawsuit for negligence.  Your damages would be the cost of repairs.  You can file your lawsuit in Small Claims Court.  Your damages should include the cost of repairs/replacement of the stone and court costs.  Court costs would include the court filing fee and process server fee.


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