Do I have the right to sue a dealership for negligence for not fixing my ABS system?

UPDATED: Oct 1, 2022

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Do I have the right to sue a dealership for negligence for not fixing my ABS system?

I went to a my dealership to get my car fixed for a maintainance routine and I asked to check my ABS system as well. It was raining heavily that evening and right after I left the dealership my ABS system light turned on again on my dashboard. It said

Asked on August 30, 2017 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you can prove that the lack of ABS caused the accident (i.e. that had the system been properly repaired, the accident would not have occured), then the dealership would very likely be liable. (That is because if this accident and the damage would have occured anyway, such as based on your speed of travel and conditions, the lack of ABS did not cause the accident; and without causation, there is no liability.) However, to prove this, you would need expert testimony, such as from an accident reconstruction specialist or similar expert, who could examine your car, the situation, and render an opinion as to the cause of the accident. (You need the expert because your lay or nonexpert opinion will not be persuasive to the court.) Such an expert can be expensive to retain; it may not be economically worthwhile to pursue this action, though if such an expert would be able to offer the opinion that the ABS system caused, or at least heavily contributed, to the accident, you would seem to have a very reasonable chance of success.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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