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Ellen, Lawyer, Consultant
Category: Legal
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Experience:  25 years of experience helping people like you.
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I am an amusement ride operator. I purchased a ride from a

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I am an amusement ride operator. I purchased a ride from a company out of Austria approximately 3 years ago and operate it in Virginia. At the time of purchase I had 3 employees certified by the manufacturer to perform maintenance. Those employees have all since left the company.

There is no warranty.

In need of maintenance I called the manufacturer and they recommended another operator that they are partners with on a similar operation in Florida. I called them and they sent their maintenance supervisor to assist. I wrote the check directly to him for his services.

In the course of him performimg his task he caused significant damage to the ride. The manufacturer admits that it was this maintenance supervisor and not an equipment malfunction. I agree with that.

Am I SOL or is there some fault with the manufacturer or the company that sent him over here?

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

You appear to have an action against the company under a legal theory of respondeat superior.

Respondeat superior literally translated means "let the master answer". Under this legal theory, you would argue that the maintenance supervisor was the agent of the manufacturer/company that sent him and therefore the company is liable for his negligent acts.

Typically in this situation you would file suit against both the manufacturer/company and the maintenance supervisor.

Please let me know if you need any clarification. I would be glad to assist you further if I can
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