If I have proof that my engine blew up because of faulty wiring from a machanic, would I win my small claim case?
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If I have proof that my engine blew up because of faulty wiring from a machanic, would I win my small claim case?
My machanic put a new engine in my car and the same day I picked it up the engine blew up. He will not refund me the repair cost as he is saying its not his fault. The fire departments report says that the fire was caused due to faulting wiring from engine repare I also have a report form a insurance expert whose report says the same thing. Will I win my small claim case against him for monies owed me?
Asked on May 16, 2012 under Business Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although it is not possible to predict the outcome of a particular case, you have a strong case against the mechanic for negligence. Negligence is the failure to exercise due care (that degree of care in this case that a reasonable mechanic 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 mechanic's faulty wiring, would the engine have been damaged? If the answer is no, actual cause has been established. Proximate cause means are there any unforeseeable, intervening acts which would relieve the mechanic of liability? If the answer is no, proximate cause has been established. Damages means the amount of compensation you are seeking in your lawsuit. In addition to the refund you are seeking from the mechanic, your damages should also include the replacement cost of a comparable engine. Your damages should also include court costs such as the court filing fee and process server fee.
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