Legal Question in Business Law in California

Service men liable?

My 1995 z28 camero with a corvett engine was and always has run great!Its never been in any kind of accident and has only 72,000 miles.The maintance has always been kept up along with the oil changes.I took it in to have the oil changed and the fluids checked and filled(as it shows on my receipt and all fluids were checked off as full including water and coolant). I drove home about a 7 minute drive(5 on the freeway) and after a few more hours (about 3)I went to pick up my friend from work which is 7 minutes away (5 on the freeway)As I was getting off the freeway my car suddenly went into another gear(Its an automatic)and completly shut down and began smoking. Some men stopped to help me push the car to the side of the road and when we poped the hood the car radiator cap had blown off and there was no water or coolant anywhere-In fact we put in 2 gallons of water and a gallon of coolant!The car made a terriable chirping sound and then died again and wont even turn over. Im sure the service station where I had the oil and fluids checked and changed forgot to refill the radiator or failed to put the radiator cap on correctely.Arnt they liable for my cars engine or/and my transmission?


Asked on 5/20/04, 10:29 am

2 Answers from Attorneys
MAURICE MEHRBAN, MD, ESQ. MEHRBAN AND ASSOCIATES

Re: Service men liable?

THANK YOY FOR CONTACTING: LAW OFFICES OF MEHRBAN AND ASSOCIATES.losangelesfirm.com

To prove that a negligence is CAUSED by someone's conduct below the standard of care you need EVIDENCE.

You must consult a lawyer with all information about the event and discover, how the action of wrongdoer CAUSED the problem. Please call us at (310)804-5225, or consult other lawyers for proper advise. You need more evidence and legal advise to review your evidence to discover all elements of negligence.

Thank you, and good luck

Please get legal advise

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Answered on 5/21/04, 12:11 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Service men liable?

If their carelessness caused your damage, they are liable. However, if you failed to monitor the temperature gauge, you might be "comparitively negligent." If so, the amount you're entitled to decreases.

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Answered on 5/20/04, 12:18 pm


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