Legal Question in Civil Litigation in Washington

who is responsible

an auto shop ruined a rare engine block and is now having to find a replacement block to rebuild, for the 3rd time. their error is now causing the owner of the car to be dependant on others for ride to work. can we make the shop pay to rent a car while they rebuild the engine? total shop time is now over 2 months for a simple rebuild.


Asked on 8/28/07, 3:44 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: who is responsible

One of your problems is proximate cause. The shop ruined the engine block, but it isn't like a row of dominoes falling that everything else in the owner's life is now the fault of the shop.

So no, you can't make the shop rent you a car.

Also, there is a legal concept called "Mitigation of Damages" which means that when things go wrong, BOTH parties have a duty to do their best to fix the problem and not just expect the other party to be wholly responsible.

You can pull the car out of the shop and take it somewhere else; you can sue them for damaging your car; but you can't blame the shop for the other problems they have caused.

The shop doesn't have a duty to provide you transportation, just a duty to do their level best to fix the car that is there.

Hope thois helps. Elizabeth Powell

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Answered on 8/28/07, 5:43 pm


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