Does that shop/owner have any measure of responsibility for this disaster about the bad battery installation? 17 Answers as of July 11, 2014

Do I have any recourse with an auto repair and maintenance shop, if they put the wrong felt rings on the posts of the battery I purchased from them (red ring on the negative post, green ring on the positive post)? This later resulted in an incorrect jump cable hookup when I needed to jump start the car, resulting in the complete burnout of my car's electrical system.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
I would think so since the damages were caused by their negligence.
Answer Applies to: Michigan
Replied: 7/11/2014
Law Office of Jacqueline K. Schroering | Jacqueline K. Schroering
Probably. Depends on when it happened.
Answer Applies to: Kentucky
Replied: 7/10/2014
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
If it in fact is the cause they would be responsible if they were negligent.
Answer Applies to: Connecticut
Replied: 7/9/2014
Peterson Law Offices PC
Peterson Law Offices PC | Todd Peterson
The shop is liable for their work and the resultant damage. Be sure to save the battery and/or have the new shop document what errors there were. The shop is negligent and is liable for foreseeable damage from their work which would include the electrical damage.
Answer Applies to: Oregon
Replied: 7/9/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I think it depends on how visible the markings are on the battery. Typically, the plastic around the anode is red. That would be the giveaway as to polarity.
Answer Applies to: Michigan
Replied: 7/9/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, I would say that there is some responsibility. However, you (or whoever did the jumping) should also have observed the size of the posts, so there may be some comparative negligence.
    Answer Applies to: California
    Replied: 7/9/2014
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Yes, they are negligent.
    Answer Applies to: New York
    Replied: 7/9/2014
    EDWARD M. MILLER, PC
    EDWARD M. MILLER, PC | EDWARD M. MILLER
    Generally auto batteries have the plus and minus signs engraved in the terminals, in addition to the felt rings. If you can get around that (contributory fault defense) you probably have a case. It may be worth while if the cost of repair was very substantial.
    Answer Applies to: Michigan
    Replied: 7/9/2014
    The Medler Law Firm LLC | John Medler
    Yes, if that's what happened, you have a case against them for negligence. Unfortunately, the dollar value of the case is so low that most personal injury lawyers would not take it. Small claims court is your best bet. Good luck.
    Answer Applies to: Missouri
    Replied: 7/9/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If you can prove that the hook up was wrong then the shop owner would have potential liability. The way to do that would be through another mechanic? Good luck.
    Answer Applies to: Alabama
    Replied: 7/9/2014
    Law Office of Marc June
    Law Office of Marc June | Marc June
    An auto repair shop must perform in a workmanlike manner. If the facts are as you describe and the amount of loss is under the limit, my recommendation is that you explore a suit in small claims court.
    Answer Applies to: Alaska
    Replied: 7/9/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Yes, if you can prove what you say.
    Answer Applies to: North Carolina
    Replied: 7/9/2014
    Gates' Law, PLLC | Thomas E. Gates
    You did not indicate when the battery was installed. Depending on the repair cost, if it is under $5,000 you can take them to small claims. Otherwise you will need to take them to Superior Court.
    Answer Applies to: Washington
    Replied: 7/9/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    The legal answer would be yes, assuming you can prove what you say is true. You will have to prove the rings were on the wrong posts and that it would not be obvious to the person using the jumper cables. To prove this you will need good photographs, the battery itself and an expert. Good luck.
    Answer Applies to: Iowa
    Replied: 7/9/2014
    Durham Jones & Pinegar | Erven Nelson
    It seems that the repair shop was negligent and should be responsible for all of your damages. Send them a letter demanding that they pay for all of your damages, and ask them the identity of their liability insurance company. If they don't cooperate, file a lawsuit.
    Answer Applies to: Nevada
    Replied: 7/9/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    My answer is "yes". They created the condition which resulted in the loss. They will probably claim that the damages are "remote and consequential", but I say it is entirely foreseeable that mislabeling could cause this damage, they are the only ones who would have installed that feature and you relied on them to get the job done right. But be aware: even if they are legally liable that is by no means an assurance they will own up to their responsibility. You may have a fight on your hands.
    Answer Applies to: New York
    Replied: 7/9/2014
    Domnitz & Skemp, SC
    Domnitz & Skemp, SC | Merrick Domnitz
    Based upon the facts as presented in your submission, yes, you would have a potential claim against the installer and the business entity that employed him.
    Answer Applies to: Wisconsin
    Replied: 7/9/2014
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