Legal Question in Legal Malpractice in Florida

Our van was damaged at a local mechanic shop (dashboard broken in three places). The shop's owner refuses to take responsibility. We have some evidence of them giving us misinformation in that they ordered a "master cylinder" from a parts store managed by a friend of ours, and although they said that they had not received the part, we know that the part was delivered on Monday. The broken dashboard was discovered only because the shop called, asking for a spare key because they had lost the key we gave them! Furthermore the van was sitting in an unguarded and unlocked yard, where (we believe) the van was vandalized and the damage done.

What recourse do we have? The shop owner is refusing to give the key back that my wife delivered to them after running down to give them the key, discovering the damage, and pointing it out to the shop owner who refused to take responsibility.

The original repair (of replacing the master cylinder) will now be done on Monday but I am hoping to have legal standing on Monday morning to stop the repair, take the van, and bill them for damages done while in their possession.

Thank you for any help you can give me!

Jim


Asked on 10/18/09, 1:40 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I'm sure this is obvious, but next time take your car to a more reputable repair shop.

You have legal standing to sue the shop owner for damages to your vehicle. A lawyer letter might do the trick. If not, take him to small claims court without a lawyer. You will most likely win.

Be sure to take pictures of the damage!

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Answered on 10/18/09, 11:24 am


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