What are my rights if I got my oil changed and the employee forgot to put the oil cap back on?
Question Details: Miles down the road oil started spewing all over my windshield and side of car. It was a total disaster. The company had it cleaned and detailed but my car is making weird noises now and not running correctly.
You can sue the company for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable oil change facility would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages (monetary compensation you are seeking in your lawsuit) are the cost of repairs to your car.
You can sue the business that provided the service for negligence since the employee did not excercise due care (i.e. the standard of care that should reasonabyly be excercised when providing an oil change) which resulted in damage to your car. You can bring suit for the costs of repair and any incidental damages such as a car rental, etc.