What recourse do I have against the oil change shop for rendering my car beyond driveable repair?

UPDATED: May 24, 2013

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What recourse do I have against the oil change shop for rendering my car beyond driveable repair?

We took the car to a mechanic after noticing the brakes were not working well. The mechanic discovered that someone had used oil instead of brake fluid. The mechanic says that the car is now irreparable. Money is tight for us and this car was our family’s main transportation.

Asked on May 24, 2013 under Business Law, Nevada


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

Answered 9 years ago | Contributor

You can sue the oil change shop for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable oil change shop would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your damages (the amount of monetary compensation you are seeking in your lawsuit for negligence) would be the value of your car since it cannot be repaired.

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