Wht to do if I purchased prescription eyeglasses from local optometrist 6 months ago but they are no good?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wht to do if I purchased prescription eyeglasses from local optometrist 6 months ago but they are no good?
After many visits to the office they tell me there is nothing else they can do. They have remade my glasses 2 times and I still cannot see properly. Their invoice states ‘no refund’ but I spent $800 for glasses that are useless to me. Three other optical companies tell me the lenses were not properly measured when cut. They will not refund me.
Asked on January 22, 2013 under General Practice, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In Small Claims Court, you can sue the optometrist for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable optometrist 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 optometrist not measuring the lenses properly, would you have been able to use the glasses? If the answer is no, actual cause has been established. Proximate cause means are there any unforeseeable, intervening acts which would relieve the optometrist of liability? If the answer is no, proximate cause has been established. Damages means the amount of monetary compensation you are seeking in your lawsuit. Your damages would be the amount you spent on the glasses. Your damages should also include court costs which would include the court filing fee and process server fee.
It would be advisable to have a declaration signed under penalty of perjury from each of the other optical companies you mentioned stating that the lenses were not properly measured, and to introduce that into evidence at the hearing in Small Claims Court.
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.