Can I sueif a mechanicfailed to properly repairmy transmission?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.