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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10484
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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My name Aretha , I like to know if I have a case . I

Customer Question

Hello my name Aretha , I like to know if I have a case . I had my automotion work on in february. For over heating problems and after the days my automotion motor catch on fire. Is the shop still liable for my damage? I also still warranty on his labor and parts. I pay 500.00 and he stop answer my phone after he resend my payment. Now I am walking .
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
I'm sorry to hear this.If a repair shop causes damage based on negligent repair, the repair shop would be the party responsible for fixing the problem and paying for any damages. One can also file a complaint with the attorney general, but if the damages are under $10,000, most will file suit in small claims - https://www.texasbar.com/AM/Template.cfm?Section=Consumer_and_Tenant_Rights1&Template=/CM/ContentDisplay.cfm&ContentID=24859 Until the bill is paid, the mechanic may keep the car: https://texasattorneygeneral.gov/cpd/car-repairs So it is important to file for small claims as soon as possible, so the money can be recovered from the defendant and used to satisfy the repair bill from the second shop. Here are the elements required for a negligence case:Presence of a Duty of Care. The first element is establishing the presence of a duty owed by one person to another. ...Someone Breached Their Duty. The second element is a breach of the duty owed by one person to another. ...The Breach Directly Causes Injuries. ...Proving Monetary Losses.If the defendant is found to be negligent, they can be ordered to pay reasonably foreseeable economic damages, which would include items such as the cost of repair, a rental car, and the cost to have a third party mechanic determine the damages were caused by defendant's negligence, and court fees. Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!
Expert:  LegalGems replied 1 year ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!