toki wrote:You all also seem to not understand that all I have to do is convince a judge, and aside from me asking you to refrain from commenting on whether or not you think I have a case, you still did. I'm not looking for your supposed legal input. The law can be construed many ways, and if watching Judge Judy has taught me anything, small claims court judges dont really have any rules. they can not like the way you look at them and rule against you.
And C-Kwik, no, no damage has been incurred, but that's only because I have the presence of mind to not drive it until I am trying to make a left turn at a green light and finally crapps out with me in the middle of an intersection and I get T-Boned by a guy eating a jelly doughnut trying to shave and call his wife in his F-450 and am killed along with my passengers.
HOW. CAN. I. AVOID. TAKING. THIS. TO. COURT.
1. Convincing a judge is not necessarily a walk in the park. It depends on the evidence you present, and how credible you and your evidence are. As Denzel said in 'Training Day', "It's not what you know, it's what you can prove." This is absolutely true. And if you watch any of the TV court shows, you'll notice judges will listen to credibility, but they still apply civil law. Small claims court does tend to be somewhat of an open book but is still subject to law. It's the interpretation of law where a judge can be more liberal. But it's a coin toss as to what kind of judge you will get.
My whole point about damages, is that because you didn't incur any damages. You can argue assumptions, and theoretical possibilities and what ifs, but none of these will hold much water if any in court. If you actually had an accident as a result, it would be different. But the fact is, you did not. You won't see award in court for someone suing another party for almost causing an accident.
There are essentially 4 key elements to legal liability. 1. a duty owed - civil duty to reasonably protect the welfare of others. An example would be if you are coming up to a red light, you stop.
2. Duty breached - you run the red light. In other words you did something wrong.
3. Causation - running the red light causes an accident. If the law you broke didn't cause the accident, you can't be liable. An example in this case is you are running a red light, but you get rear ended by someone else who runs the same red light.
4. DAMAGES - As a result of the accident, there was damage. If there is no damage, there is no legal liability.
Now as far as you not driving the vehicle, that is your duty as a reasonable and prudent person. If you chose to drive knowing an unsafe condition exists and you get into an accident, you assume a risk. Say it was a fuel line that was leaking and you knew it. Suddenly the car explodes injuring or even killing you. Guess what? The issue would come up. If you knew of the situation, why did you continue to drive it? It's called damage mitigation - or preventing further damage or injury. I think it's good you recognized that perhaps you should not drive the car, but it's a poor argument for what you are looking for. It just adds no value.
As far as your language and name calling, keep in mind we are only offering our opinions. Do with it what you will. Just because you don't like what you hear, or you don't agree with it, does not mean you have to be disrespectful. If you think you can win, feel free to pursue it. You have that choice and that right. But so far, I think a jury of your peers feel you will lose. But like you said, anything can happen in small claims. But I think the odds are against you.
As far as avoiding taking it to court, again, it's your choice. You can always choose not to go. Aside from that, you will have to convince the shop otherwise.
Lastly, you mention that there are another set of laws and bring up your legal background, knowledge and abilities. If that is a factor to be considered and our advice and opinions mean nothing, then why ask us in the first place? And if we are so inferior when it comes to law, why does it bother you that we might be wrong?
I say do whatever you think is right and necessary. You have the right to choose. Exercise it.