Legal Question in Business Law in Georgia

The answer depends on what you can prove.

However, I suspect you have no case. Oil is supposed to get changed every 3000 miles or 3 months whichever comes first to maintain a car. 3-17-2011 is more than 3 months past your oil change. Additionally, a car owner should check oil levels regularly, so the only way it got empty was a leak, as the car would not have driven for 3 months without oil.

So unless you think you can get past the fact of your own negligence, and I dount legally that you can, you have a case that would seem weak enough where if you sued, the company might sue you for frivolous litigation.

Unless you think the second mechanic will testify that the first mechanic caused the breakdown, you won't have a chance to prevail. Even if he does, you have to get past the fact you didn't change the oil every 3 months and that you didn't check the oil levels.

Good luck.

Most cars in decent shape can go well beyond 3,000 miles and 3 months on an oil change, with average driving, without any damage, so that alone is not the issue. At your mileage you definitely should check the oil regularly. Everyone should also check their oil within a day or two after an oil change. It may very well be that it was the first mechanic's fault and they put too little oil in, but you'd have a really hard time proving it. If they put NO oil in, you would have locked up long ago. If they put too little oil in, your car is still losing the oil somewhere. Either way, it does not help your case.