What are my legal rights if a repair that was done, resulted in damage to my daughter’scar?

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What are my legal rights if a repair that was done, resulted in damage to my daughter’scar?

My daughter’s car was repaired on 3/11/11. The rear brake pads were replaced. My daughter drove from GA to FL on spring break. She drove it today and it started making a terrible noise. I went to meet her at the repair shop. When she drove in the right rear wheel was locked up and skidding across the parking. If this had happened on the interstate at 70 mph she would have been dead. What can I do about this? Other than getting the car repaired correctly, what are my options?

Asked on March 24, 2011 under General Practice, Georgia

Answers:

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

Answered 11 years ago | Contributor

Are you asking if you can sue for something other than the repairs to the car?  You can not sue someone for what might have been.  Foreseeability is an issue that is discussed in negligence cases when there has been an accident that has caused injury.  I agree that the thought that this could have happened while she was driving from Georgia to Florida is well, unimaginable for a parent.  It makes on shudder. But there is no cause of action without damages.  I would say that you and she are very lucky and that you should take what ever steps are necessary to make sure that this business that repaired her car  has complaints filed against it with the attorney general's office and the licensing bureau in your state.  Good luck. 


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