Is the mechanic who took possession of my RV financially responsible for damage?

UPDATED: Sep 30, 2022

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Is the mechanic who took possession of my RV financially responsible for damage?

I purchased a used RV from dealer. Driving home it lost power and was blowing smoke. I pulled it over and stopped immediately. Dealer sent service manager and mechanic to me. They asked me to drive RV back to dealer. I refused stating it was not safe to do. They looked at the RV and discovered that the exhaust system had broken and put a hole in a oil line. The service manager told my and my wife that they were going to drive it back to dealership. We told them that they should not do that. They told us

Asked on July 18, 2016 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Typically, an employer is liable, or financially responsible, for damage done by its employees through negligence, or carelessness, in the course of their employment. The mechanic was driving the RV as part of his job; it would seem to have been negligent or careless to drive a vehicle with a hole in the oil line. Based on what you write, the mechanic's employer would appear to be liable for the damage. The mechanic himself is also potentially personally liable, since he casued the damage; if you sue-which is what you'll have to do, if they do not voluntarily compensate you--you are advised to sue both the dealer and the mechanic, since the more people you sue, the greater your chance of recovering compensation.

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 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.

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