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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102181
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm having a problem with my daughters high school,

Customer Question

I'm having a problem with my daughters high school
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: we sent an email to the principle and the stupid instructor
JA: Anything else you want the lawyer to know before I connect you?
Customer: the instructor is an auto's class teacher. he invited parents to come get serviced at the school so that the students learn things. turns out the work done was incompetent and caused me $330 in repairs to fix this guys so called "experienced" work. Now the have been ducking my emails on paying me back.
Submitted: 6 months ago.
Category: Legal
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me if the school asked you to sign any type of waiver prior to the students working on the vehicle?

Customer: replied 6 months ago.
No they did not
Expert:  Ely replied 6 months ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

I cannot say if the school would be 100% liable here, because they can argue that by lending the vehicles to be fixed at the school, the owner knew or should have known the presumption that their vehicles would be fixed by students, thus guaranteeing no perfect result.

I would say that the school may be liable here for the students acting as its agents, only if it can be proven clearly that the damage was caused maliciously.

Otherwise, I am not sure that this would be a strong claim. I am sorry.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 6 months ago.
what proof is considered adequate? Is my daughter's testimony enough? The extent of the "screw up" could have cost my wife her life in an accident. She went in for just a change of break pads, and they did a bunch of other tasks instructed by their teacher which were unnecessary
Expert:  Ely replied 6 months ago.

If you choose to pursue the case, good evidence would be not only her testimony, but also that of a mechanic that can confirm that the job was done so bad that it put her into danger and required fixing.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 6 months ago.
I do have all of that. The shop who fixed the problem is a legit business and I believe I do have that receipt and paperwork.
Expert:  Ely replied 6 months ago.

Great. All that paperwork plus the testimony of the mechanic is going to come in handy as evidence.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 6 months ago.
Is there anything else I need to know - or have - as evidence?
Expert:  Ely replied 6 months ago.
see a good introduction to small claims court in Illinois here:
law-arts.org/pdf/Navigating_Small_Claims_Court.pdf
It is for Cook County, but still gives good general info for any county.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 6 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!