Re: Who pay for damaged property

It is very clearly the fault of the repair shop.

Re: Who pay for damaged property

This sounds like a perfect case for small claims court. Sue them both, and let them both come into court and "tell it to the judge".

In the usual case, you have to prove that a particular PERSON was negligent, AND prove that person's negligence caused your damage. In your case, two people had joint custody and control of your motorcycle, making it difficult or impossible for you to prove that one or the other of them was at fault. The law will actually come to your rescue here.

What the facts show is

1) This (dropping the motorcycle) is the sort of thing which normally doesn't happen unless someone is negligent.

2) You had given up total control of the motorcycle, so it couldn't have been you that was negligent.

3) The repair shop and the towing service between them had total control of the motorcycle, so it had to be one or both of them.

Once you prove these three things, you no longer have the burden of proving which of the defendants was negligent. Instead, each defendant will have the burden of proving that he/it was NOT negligent.

If you want to get fancy, you can tell the judge you are relying on the classic California case of Summers v. Tice, which can be found at 33 Cal. 2d 80, 199 P.2d 1. That was a 1948 case in which two hunters both shot at a bird, and Mr. Summers, standing 75 yards away in plain view, was hit in the eye with some birdshot. The California Supreme Court held that each hunter would have the burden of proving that he was not negligent, and since neither could prove it, they both would be liable.

When you do this, remember two other things. First, even though you won't have to prove liability, you will still have to prove your damages. Make sure you are prepared to put on your case. Have photos, damage estimates, witnesses (if any), declarations and the like ready before trial.

The second thing to remember is that these people are responsible for only the additional damage they caused. Be prepared to prove that the damage in question occurred from the fall, not from the accident.

Good Luck!