Who do I sue for damages cause by franchise

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Who do I sue for damages cause by franchise

I went to a oil change franchise in Illinois for an
oil change. The hood was not properly latched.
On my way home the hood opened up at 40
mph causing damage to my car in the amount of
2,300. I would like to sue for the damages in
small claims court since the negotiations are
stalled. Do I sue the parent corporation or the
franchisee? If its the franchisee how do I find
out who the owner is?

Asked on October 25, 2019 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) You sue the franchisee, since the franchisee owns his/her own business (and just runs it under the franchise).
2) Every state government maintains a database of who owns what businesses and where the business may be served with legal process. In your state, it is the Dept. of State which does this. At the end of this answer will be a link that should help you look it up.
3) If the business is an LLC or corporation, you sue the business; if it is a sole proprietorship, you sue the owner personally.


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