Legal Question in Consumer Law in North Carolina

an employee where I had my eye exam gave me my eye prescription over the phone so I could order a pair of glasses online. She gave me the wrong prescription and I had to send those back and order another pair with the right prescription. The owner where the employee works refuses to reimbuse me for my expenses for his employee's error because he says she didn't give me a written prescription so he is not liable. He says that prescriptions are not allowed to be given over the phone. I say he is liable because he did not explain to his employee what the rules were in her job description and she was not trained well enough or she would has told me that she couldn't do that but would fax or send it to me. I want to take the employer to court for the reimbusement and want to know if I have a legitament case to win.

Asked on 8/21/13, 5:35 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

Potentially. The question is, should you. Assuming this employer is in NC, you have to sue him in small claims court in the county where he resides. Second, you really need to sue the business and not him, so it is where the business "resides," again assuming the business is incorporated.

Next, the cost of suing is approximately $150.00 in court costs.

Finally, there is no guarantee that you will win.

I would start by sending a strongly worded demand letter to the doctor and see if that gets him to budge. Then perhaps contacting the BBB or other places such as Angie's list to give a bad reference, that may get him to pay up.

The problem in your case will be proof. First, they can come to court and deny they ever gave you the prescription over the phone or alternatively, they could admit they did but that you wrote down the information incorrectly. This will be at best a 50-50 case to win.

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Answered on 8/21/13, 5:40 am

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