If my property was damaged at a professional business and they don’t want to give me enough money to have it repaired correctly, what should I do?

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If my property was damaged at a professional business and they don’t want to give me enough money to have it repaired correctly, what should I do?

I left my jetski at a professional polaris shop to have is repaired but it cost too much. I picked up my ski and when I got home I noticed my brand new battery is missing and there is a hole in the hull of the ski that wasn’t there when I dropped it off. They offered to have the hole fixed but want to offer me $400. I got my own quotes from repair shops and the prices range from $1000- $2000 to fix it. What should I do since they are refusing to pay?

Asked on August 3, 2012 under Business Law, California

Answers:

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

Answered 12 years ago | Contributor

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

Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your jet ski.  You can file your lawsuit in Small Claims Court.  Your damages should include the cost of repairs and court costs.  Court costs would include the court filing fee and process server fee.

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

Answered 12 years ago | Contributor

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

Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your jet ski.  You can file your lawsuit in Small Claims Court.  Your damages should include the cost of repairs and court costs.  Court costs would include the court filing fee and process server fee.


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