Can I sue Big O Tires for contaminating my hydraulic system? The repair cost is 2200. Is it worth trying to sue.
Country relating to Question: United States
State (if USA): Colorado
I have not tried anything yet
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.You bet you can sue...if you can show them liableCan you give some context? Why do you believe they caused this problem?
I purchased a used car had an inspection done it before I bought it on 6/1/12. It was running fine. The oil looked old so I got an oil change. I have all of the records from the previous owner for the work that was done on the car. I got the oil changed on 6/9/2012 and on 6/20 I could no longer drive it. I took it back to where I had the oil changed and they informed that the brake fluid was contaminated. I had them send off samples to see if it had been contaminated and the results were it was 30% contaminated with oil. That is why I believe they made the mistake. I have records of when the last oil change was along with the mileage.
ThanksThat makes senseAnd yes...you can sue them. You can sue in small claims court (so you can do this yourself...no need to hire a lawyer, and good thing, since the cost to hire a lawyer would exceed what you can recover in the case)But can you win?That is a more difficult question.To win you have to show that Big O caused this problem.You do not have to show by much...unlike a criminal trial which requires proof "beyond a reasonable doubt" in a civil trial you only need prove by a "preponderance" of the evidence. More likely than not. 51% if you will.But you do need to prove it.What would be excellent proof would be if you owned this car from new, and had all maintenance records. In such a case, the one incident a Big O followed by the evidence of oil in the break lines? That would be a great case to hold them liable.The potential problem I see in this case is that there could have been a problem with the break lines PRIOR to your purchase of the car. Now...I understand you drove the car prior to purchase...it worked fine...and then you take to Big O and it breaks. That is good circumstantial evidence. What I would recommend is that if you can, get the seller of the car (the prior owner) as one of your witnesses in your case. Allow him to tell the judge that he was not responsible for this and that he has no idea how it happened. That would help your claim quite a bit.
How do I start the small claims procedure
EasyHead to the county court (same county where the Big O was located)Talk to the clerk of the court. They will provide you the forms. There is a nominal fee to file.Also consider thishttp://www.amazon.com/Everybodys-Guide-Small-Claims-Court/dp/1413307620to prepare for your day in court.
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