- The customer, who owns a 2008 Mitsubishi Eclipse, brings their vehicle to a mechanic for an oil change.
- While the mechanic is changing the oil, they accidentally strip the threads of one of the lug nuts on the vehicle.
- The mechanic tells the customer that the lug nut is stuck and that they will need to take the vehicle to a specialist to have the lug nut removed.
Potential Liability Issues
The mechanic may be liable for the damage to the customer's vehicle if it is determined that they were negligent in their actions. Negligence is the failure to exercise the care that a reasonably prudent person would have exercised in the same situation. In this case, the mechanic could have been negligent if they:
* Failed to properly inspect the lug nuts before removing them.
* Used too much force when removing the lug nuts.
* Did not use the correct tools to remove the lug nuts.
If the mechanic is found to have been negligent, the customer may be entitled to damages to cover the cost of repairing the damage to their vehicle. These damages may include:
* The cost of replacing the stripped lug nut.
* The cost of any other damage that was caused by the stripped lug nut, such as damage to the wheel or the vehicle's suspension.
* The cost of towing the vehicle to the specialist who will remove the lug nut.
Factors that could affect the outcome of the case
There are a number of factors that could affect the outcome of this case, including:
* The specific facts of the case, such as the extent of the damage to the vehicle and the mechanic's experience and training.
* The applicable laws and regulations.
* The insurance coverage of the mechanic and the customer.
* The willingness of the parties to settle the case out of court.
Conclusion
Whether the mechanic is liable for the damage to the customer's vehicle will depend on the specific facts of the case. If the mechanic is found to have been negligent, the customer may be entitled to damages to cover the cost of repairing their vehicle.
