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Southwest Missouri | If this type of case came to me, the facts would be very important. Is the break something that an ordinary reasonably competent tech would do. Probably not. There could be exceptions where it is almost common to break something while fixing it. An example is a bearing that is stuck on a shaft that must be removed in order to fix something else. But that does not appear to be the case here.
The key issue is one of negligence. Did the tech perform as a reasonably competent tech would. You would need expert testimony from another tech (or a farm boy judge who knows his or her way around a shop). It is sometimes difficult to get someone who is willing to testify. It is also necessary to prove that he did it.
The next issue, if there is liability, is one of damages. The usual measure of damages is the FMV before the act minus the FMV after the act, or the cost to repair, whichever is less. Here, it looks like you are talking about the part and the labor. It is more difficult to prove loss from downtime, although in certain circumstances it is appropriate.
The next issue in any court case is collectability. Against some defendants, a judgment for $1,000,000 is worth the same as a judgment for $0. That does not appear to be the case here. Virtually all dealers will have insurance to cover this situation.
That is the legal side of it. I have made generalizations. Please do not print this off and take it to court saying "Judge Stremel said I should win so give me my money". The facts and the evidence control as well as the law in your particular jurisdiction.
The practical side has been discussed by others. I do not know your dealer or your relationship with him. Some will take offense, some would not. That is your judgment call. | |
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Your thought's on a repair job gone bad
