What to do if I picked up my motorcycle from the repair shop because of a prior related incident but while on my way home I had my brakes lock on me at highway speeds?

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What to do if I picked up my motorcycle from the repair shop because of a prior related incident but while on my way home I had my brakes lock on me at highway speeds?

While still being injured, I took the motorcycle back to the repair shop just to find out that the shop did not take responsibility for the incident and blamed it on a recall problem. In the initial estimate, a safety inspection was conducted yet there is no way to know if it indeed took place. Who is at fault?

Asked on May 19, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The shop would be at fault if either 1) they missed an existing problem which they *should* have spotted--both because it was part of their inspection or review of the motorcycle and because it should have been obvious to reasonably careful mechanics--or 2) they caused the problem while working on the motorcycle. Otherwise, they would not be at fault. You may need another independent mechanic or expert to examine the motorcycle and determine if this was caused by the shop or if, when they were doing the work they you'd brought the motorcycle in for, they should  have seen and corrected an existing problem or not.


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