QUESTION

can i sue a window repair shop that damaged my car due to them not sealing the window down now when it rains inside of my car floods with water

Asked on Jun 04th, 2013 on Business Law - Illinois
More details to this question:
They put my front window of my car but did not seal it down at all so now when it rains my car floods it has damaged my car severely to the point where it has damaged wires now my anti theft system needs to be reset due to wires and fuses getting wet he tells me bring the car so they can fix there mistake and I explain to him that my car is not running due to there mistake and he hangs up on me
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes, but you should take a look at the contract you signed with the repair shop.  It is likely that it contains what is known as a "limitation of liability" clause.  Such a provision is likely to provide something along the line of "the repair shop is not liable for any consequential damages resulting from any failure to perform except in the amount of $50."   Such a clause would obviously be a problem for you, but it may not be insuperable.  Courts do not always enforce such clauses, depending on such factors as (a) whether the clause is buried in the small print of a form contract the repair shop has everyone sign, or prominently in a fully negotiated contract; (b) how extreme the limitation is (does it limit liability to $5 or $500) compared to what the reasonably expected damages might be; and (c) other similar factors.    
Answered on Jun 05th, 2013 at 10:54 AM

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