Q: Can you seek damages for negligence when there is no accident/injury in Florida?
I went to a retail store with a tire shop to repair/replace a tire. They recommended plugging the tire and completed the work. I was sent on my way with my toddler with me. After I got home, from an hour drive mostly interstate, I noticed markings on my tire when I was unloading the car. I inspected the tire and saw that it had been gouged on the sidewall with the tool used to remove the tire. I took it to a local tire shop and had this confirmed and had the tire replaced. I am attempting to get the matter resolved directly, but considering hiring a lawyer. I just don't know if compensation for the negligence is possible and it the amount would be worth the time.
A: You have a claim for breach of contract. All consequential losses that are foreseeable are damages that can be recovered in a contract breach case. Sue them in small claims court. It’s wise to get another expert mechanic to testify that they did poor workmanship that resulted in your damages.
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