Legal Question in Consumer Law in Florida
Car overheated after service.
I had my car serviced (new front tires) and was told that my fluids would be checked for free. I got the paperwork that said my fluids were checked and were ''good.'' The same day I picked up my car, my car overheated, and my head gasket blew, causing 2000 in damage. When I checked my coolant, it was completely empty! They probably drained it and forgot to replace the fluid. Anyway, how can I prove that there was no fluid? I bought coolant right when it overheated, and kept the receipt and what was left in the container. I also had the cooling system diagnosed - there were no leaks. Is this enough evidence?
1 Answer from Attorneys
Re: Car overheated after service.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This is a hard matter to prove although providing the paperwork you received stating that the fluids were checked and were "good" will be somewhat persuasive to a court. Whether or not the evidence you have will be enough will be up to the judge to determine. If you can, you should have an expert witness testify on your behalf that the missing fluids were the cause of the problem.
Scott R. Jay, Esq.
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