Can I sueif a mechanicfailed to properly repairmy transmission?

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Can I sueif a mechanicfailed to properly repairmy transmission?

I bought a 2001 car from an auto body guy that also sells cars. There has been a winding noise since day one. He had the transmission “fixed”. Maintenance light came on 2 weeks ago. Went for a 2nd opinion. Gears were never replaced in transmission and now I need to rebuild or buy a new transmission. Since the gears were never fixed, its causing fluid to leak in the transmission and now the transmission is breaking down.

Asked on November 9, 2010 under General Practice, Massachusetts

Answers:

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

Answered 11 years ago | Contributor

You could sue the mechanic for negligence for failing to replace the gears.  Negligence is based on due care which is that degree of care that a reasonable mechanic in this case would have exercised under the same or similar circumstances to prevent foreseeable harm.  You would need to prove that the mechanic breached the duty of care by failing to replace the gears and that was the actual and proximate cause of the damage to your vehicle.  Actual cause means but for the gears not being replaced, would the damage to the transmission have occurred?  If the answer is no, actual cause has been established.  Proximate cause means were there any unforeseeable intervening events that contributed to the damage to the transmission? If the answer is no, you have established that the mechanic's failure to replace the gears was the actual and proximate cause of the damage to the transmission.  Your damages (the amount you are seeking to recover) would be the cost of repairs or replacement of the transmission.  You will need to mitigate (minimize) damages by selecting a repair shop whose charges are comparable to other repair shops in the area.  If you select the most expensive repair shop you can find, your damages (the amount you are seeking to recover in your lawsuit) will be reduced accordingly. 


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