Legal Question in Product Liability in Wisconsin

Property damage

I had my car hood latch repaired. Which carries a 12 month warranty which I am still with in. The latch failed and my hood crashed into my windshield, causing damage to my roof and hood. I am still under warranty. But the shop is refusing to take responsibility. My question is are they liable.


Asked on 2/21/07, 11:03 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Property damage

Based upon the facts which you provided, and assuming that you can find an expert to say that the hood latch failed and that is what caused the damage to your windshield, hood and roof, then I believe that they would be liable. You should find out what the basis for the denial is. If you had insurance on your vehicle, your comprensive coverage would probably provide insurance coverage to you for the damage, less your deductible, and then you can see what your insurance company is going to do about going after the shop, and maybe include your deductible. Otherwise, I would review the warranty documents to see what it provides coverage for and also demand the liabiltity insurance information for the shop and then deal with their insurance company. If none of this works, then you may be forced to file suit against them in Small Claims Court, if the damages are less than $5000.00, which you can pursue without an attorney. Otherwise, I would suggest speaking with an attorney for more information.

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Answered on 2/23/07, 11:32 am


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