Is a liscensed mechanic have a duty to check entire brake system after replacing front brakes

I took my 1 ton van in to a mechanic to have it’s rotors pads changed. The old rotors were tore up the old pads were the wrong ones. The day I received the van back, I suggested to him that the brakes might need to be bled, as the were still ‘squishy’. He scheduled me for an appointment a week and a half later, when that time came, he said he didn’t have time and brushed me off. That was late March 2016. Last week, I am driving the van doing some errands, I came to a school zone with reduced speed and my brakes completely failed. Luckily, no one was hurt or any property damaged as I was able to get the van to stop by slamming the transmission into park. I returned to the mechanic and was told he was not responsible, that the job he did was fine. I took it to a Napa mechanic who said the rear brakes were shot, fluid was leaking and my master cylinder needed replacing. My questions are- should the first mechanic inspected the entire brake system before he released the van to me, and if so, what can I do, or should I do?

Asked on May 10, 2016 under Accident Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In order to have a claim for negligence against the first mechanic, you will have to prove that a reasonable mechanic would have inspected the entire brake system after replacing the front brakes.  Even if you are able to prove that, you would also have to prove damages (monetary compensation).  Since no one was injured and no property was damaged when you were able to stop the van, you would not prevail in a lawsuit for negligence against the mechanic.


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