Damage caused during repair

[firehs5]

I just had an outboard motor repaired at a dealer and after I picked up the boat it wasn't till I got home and took off the cover that I noticed the shroud that covers the motor was damaged. ( It looks like its been dropped) I called them back and they said they did not do the damage and weren't going to fix it.I washed and waxed it before I took it to them so I know the damage wasn't already there. Do I have any recourse in this matter.

Thanks in advance
Randy

 

[Tracey]

Yes, you can sue for the damage that occurred while the motor was in their care. The causes of action are: breach of bailment duties, negligence, and others specific to your state. Go the the local courthouse and ask the clerk how to sue in small claims court. Tell the judge your story, take pictures (35mm, not polaroid), and drag in any witnesses who saw you waxing the motor before sending it in. Library books can help you prepare.

Show the complaint to the owner of the shop before you file it - maybe seeing how serious you are will inspire him to do the right thing.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.