QUESTION

I had the breaks on my truck "fixed" at Firestone. A few days later my breaks failed and locked up while I was driving. When I called to complain they

Asked on Jun 10th, 2014 on General Practice - Ohio
More details to this question:
Admitted that they broke the pin that holds the break pads in place and didn't say anything about it. As a result of their negligence I was left stranded on the side of the road and out $600 and they ended up doing more damage to my truck than it had when I took it to them. Is this a matter I could sue over to get my money back?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes.  Beware, the contract with Firestone for the brake work may have a limitation of liability clause limiting the amount they would have to pay you for any screw ups.  However, if Firestone actually knew that the brakes were broken and let you leave anyway, this would be intentional misconduct, and (if you can prove it) should get around that limitation.  In New York,you can contractually limit your liability for negligence, but not for intentional misconduct, and I assume the law is the same in Ohio.
Answered on Jun 11th, 2014 at 12:43 PM

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