QUESTION
Does that shop/owner have any measure of responsibility for this disaster about the bad battery installation?
Asked on Jul 08th, 2014 on Litigation - Wisconsin
More details to this question:
Do I have any recourse with an auto repair and maintenance shop, if they put the wrong felt rings on the posts of the battery I purchased from them (red ring on the negative post, green ring on the positive post)? This later resulted in an incorrect jump cable hookup when I needed to jump start the car, resulting in the complete burnout of my car's electrical system.
13 ANSWERS
Michael J. Breczinski
I would think so since the damages were caused by their negligence.
Answered on Jul 11th, 2014 at 3:03 AM
Personal Injury Attorney serving Portland, OR
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Peterson Law Offices, PC
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The shop is liable for their work and the resultant damage. Be sure to save the battery and/or have the new shop document what errors there were. The shop is negligent and is liable for foreseeable damage from their work which would include the electrical damage.
Answered on Jul 09th, 2014 at 4:46 PM
Ronald A. Steinberg
I think it depends on how visible the markings are on the battery. Typically, the plastic around the anode is red. That would be the giveaway as to polarity.
Answered on Jul 09th, 2014 at 4:06 PM
Edwin K. Niles
Yes, I would say that there is some responsibility. However, you (or whoever did the jumping) should also have observed the size of the posts, so there may be some comparative negligence.
Answered on Jul 09th, 2014 at 3:32 PM
EDWARD MILLER
Generally auto batteries have the plus and minus signs engraved in the terminals, in addition to the felt rings. If you can get around that (contributory fault defense) you probably have a case. It may be worth while if the cost of repair was very substantial.
Answered on Jul 09th, 2014 at 2:35 PM
James Eugene Hasser
If you can prove that the hook up was wrong then the shop owner would have potential liability. The way to do that would be through another mechanic? Good luck.
Answered on Jul 09th, 2014 at 2:23 PM
Personal Injury Attorney serving Irvine, CA
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Yes, if that's what happened, you have a case against them for negligence. Unfortunately, the dollar value of the case is so low that most personal injury lawyers would not take it. Small claims court is your best bet. Good luck.
Answered on Jul 09th, 2014 at 2:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes, if you can prove what you say.
Answered on Jul 09th, 2014 at 1:54 PM
Thomas Edward Gates
You did not indicate when the battery was installed. Depending on the repair cost, if it is under $5,000 you can take them to small claims. Otherwise you will need to take them to Superior Court.
Answered on Jul 09th, 2014 at 1:41 PM
The legal answer would be yes, assuming you can prove what you say is true. You will have to prove the rings were on the wrong posts and that it would not be obvious to the person using the jumper cables. To prove this you will need good photographs, the battery itself and an expert. Good luck.
Answered on Jul 09th, 2014 at 1:13 PM
It seems that the repair shop was negligent and should be responsible for all of your damages. Send them a letter demanding that they pay for all of your damages, and ask them the identity of their liability insurance company. If they don't cooperate, file a lawsuit.
Answered on Jul 09th, 2014 at 12:56 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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My answer is "yes". They created the condition which resulted in the loss. They will probably claim that the damages are "remote and consequential", but I say it is entirely foreseeable that mislabeling could cause this damage, they are the only ones who would have installed that feature and you relied on them to get the job done right. But be aware: even if they are legally liable that is by no means an assurance they will own up to their responsibility. You may have a fight on your hands.
Answered on Jul 09th, 2014 at 12:51 PM
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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Based upon the facts as presented in your submission, yes, you would have a potential claim against the installer and the business entity that employed him.
Answered on Jul 09th, 2014 at 12:50 PM