Who is responsible for fixig my truck when 2 shops claim to have fixed it right?

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Who is responsible for fixig my truck when 2 shops claim to have fixed it right?

I have a trucking business. One of my trucks broke down and I had to replace the transmission. A few days later the transmission was falling off and had to be fixed again in another state. 2 months later I have the truck broke down again because there wasn’t enough oil in the transmission and the warranty won’t cover it, also the clutch and flywheel were damaged and the crank shaft is bent. Can I charge them for down time?

Asked on August 29, 2012 under Business Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are going to have to figure out the particulars of each repair that may have been the cause of the breakdowns and the need for subsequesnt work.  When you had the car repaired after the transmission was initially repaired did the second repair shop state that the first was negligent in any way to cause the "falling off"?  That is crucial./  As for the lack of oil can you prove that some one did something that either caused the oil to drain faster or was negligent in putting oil back in after the repair?  Ordinary maintenacnce - which adding oil to a transmission may in fact be - could be imputed to you and then you may not be able to show that the resulting damage was their fault.  This holds true for the business interuption claim as well. I would speak with some one on the matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you can show that one of the repair shops was negligent, or unreasonably careless, in how it performed the repairs, or that it deliberately defrauded you (e.g. claimed to do repairs, but did not), then you may be abe to hold that shop liable for the cost to make proper repairs and possibly for some loss of time/profit. The key is, you have to do wrongdoing on the part of a shop--at least, as indicated, negligence--and that the wrongdoing led directly to the damage and you loss(es).


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