Possible breach of contract and property damage

[stumped2011]

What is the name of your state (only U.S. law)? Texas

I was wronged by a person that I contacted to fix my laptop, and I was wondering if I had a substantial case for small claims court.

I contact this person on Facebook, as he stated on a page that he fixes computers. I had been having some minor problems with my laptop related to the USB drives.

I met up with him, and he checked everything out, told me the problem, and we agreed that I order the required part and pay him to install it. I ordered got the part and watched over him while he attempted to install it. He ran into a problem and said that he would need to sauter a chip from my old part to my new one. At that point, I told him that he should stop what he was doing, as that looked risky and I didn't believe he had the skill to do what he was doing. He was doing. He proceeded to attempt the procedure anyways and the outcome did not look good. He then put the computer back together, went to turn it on, and the screen didn't work. Keep in mind that this is in no way related to the original problem. He then opened the computer again and messed around some more. At the point the mother board sparked and started smoking. I told the person that I had to go to class (this was at our university), and he promised that he would figure out the problem and fix it before I got back.

Over 24 hours later, he contacts me on Facebook and states that he broke my computer. He tells me that he found the damage that he had caused and he would order a new part, himself, and install it free of charge to make up for breaking the computer.

Over the next 2 months, he proceeds to feed me one outrageous lie and excuse after the next and, eventually, refused to do any repairs, pay for any repairs, or purchase any parts. My computer went from being nearly completely functional and definitely usable to needing hundreds of dollars worth of repair, possibly totaling near the cost of the computer, itself.

I was wondering if I have a case to sue this person in small claims court for breach of contract, as he agreed to provide a service of value to me in exchange for me loosing something of value (his damage to my computer). I was wondering if I also had a case for property damage, as I have documentation of him admitting to causing the damage to my computer.

 

[justalayman]

It sounds like you have a reasonable and valid claim for the value of your computer at the time the damage was done by the "repairman"

It isn't a breach of contract per se but more of a "he broke my computer" issue.

Don't concern yourself too much with the cause of action or much else here. Bottom line: you took a computer that worked short of the USB issue to be repaired. It now no longer works, at all. Get the computer. Get an estimate of repairs. If the cost of repairs exceeds the value of the computer you will be limited to the fair market value of the computer at the the time the damage was done. If the repairs are estimated as less than the value of the computer, then the repairs would be your measure of damages.

Then, if you want to be nice, issue a demand he pay for your damages. If he fails to do so, file suit.

 

[stumped2011]

It sounds like you have a reasonable and valid claim for the value of your computer at the time the damage was done by the "repairman"

It isn't a breach of contract per se but more of a "he broke my computer" issue.

Don't concern yourself too much with the cause of action or much else here. Bottom line: you took a computer that worked short of the USB issue to be repaired. It now no longer works, at all. Get the computer. Get an estimate of repairs. If the cost of repairs exceeds the value of the computer you will be limited to the fair market value of the computer at the the time the damage was done. If the repairs are estimated as less than the value of the computer, then the repairs would be your measure of damages.

Then, if you want to be nice, issue a demand he pay for your damages. If he fails to do so, file suit.

I thought so, but I was worried that since I agreed to let him repair it initially (even though I didn't agree to letting him proceed with the procedure that I believe was the cause of the damage), he could argue that I accepted some risk.

 

[justalayman]

you agreeing to allow it to be repaired isn't going to matter here. He presented himself as qualified to make the repairs. You depended on his statement. He screwed up and damaged the computer so he is liable for the damages he caused.