Legal Question in Consumer Law in Texas
Hello, A few days ago I when to a auto shop. I needed to get a alignment done on my truck before I towed a friends vehicle. Prior to doing this I bought a Ball hitch for my truck. While at the auto shop getting my alignment done, I asked if they could install this for me and how much it would be. The gentleman sounded a bit "iffy" about doing it but said yes that they would. After all was said and done he charged me five dollars for the install of the ball and sent me on my way.
I reached my destination that night. Upon arrival I went to drive the car off the car dolly. When I did the trailer shot up smashing my tailgate up. I looked at the ball hitch and it had come loose and all the parts beside the ball itself have fallen off somewhere along the drive. I inspected the ball itself and there is no indication of fault materials (i.e. stripped threads, etc.) It was obvious that the screw had worked its way off. I went back to the store and talked to the same man. He told me that "it was only five dollars", that "they never claimed to put it on professionally" that "it was a favor" and that they really don't install those. The last thing he said was that the ball never had a cotter pin. This is a small pin that goes through a hole at the bottom of the ball shank to keep the nut from falling off. I check the package to see if it came with one. It doesn't come with one but on the bottom of the directions it states this. "After tightening the nut, always install a 1/8 inch diameter cotter pin into the shank hole" I was never told of this after the install but I did bring the parts and ask them to install it. Should they have to repair my tailgate or is this my own negligence?
1 Answer from Attorneys
They are responsible for their negligence, whether you paid them five dollars or five cents. You'll probably have to sue them.
You'll need to check the Assumed Name Records to see who owns the shop (it might be a corporation). Sue the owner, and sue the repairman individually.
Related Questions & Answers
-
If i give my credit card# to a company with inquirying about a product that i might... Asked 4/20/10, 7:29 am in United States Texas Consumer Law
-
The car I drive is in my daughter-in-laws name. I would like her to re-finance to... Asked 4/12/10, 8:46 am in United States Texas Consumer Law
-
You searched for "MY SON WAS 17 AT THE TIME. HE WAS LIVING WITH A FRIEND IN... Asked 4/08/10, 10:01 am in United States Texas Consumer Law
-
I initially received service from a vehicle service provider in December 2009, and... Asked 4/03/10, 7:40 am in United States Texas Consumer Law
-
A few years back I applied for a student loan from Sallie Mae with my dad as a... Asked 3/31/10, 10:58 am in United States Texas Consumer Law