If a mechanic put the wrong brakes on my vehicle and itcrashed because of this, is he responsible for the damages?
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If a mechanic put the wrong brakes on my vehicle and itcrashed because of this, is he responsible for the damages?
A mechanic fixed my brakes on my car. After receiving the car back and paying a $1,000+ bill, I noticed the brakes were not functioning properly (worse than before the repairs, plus the ABS warning light was still on). I promptly brought the car back to the shop. After I received the car back, the brakes continued screeching and working poorly. For a third time I called the mechanic who said to bring the car back into the shop. Then 2 days later the brakes completely stopped working and my car slid off the road and into a fire hydrant. I took the car to a different shop and asked first that they inspect the brakes. They informed me that not only did the front brakes not match the back brake pads but that neither was the appropriate brake for my vehicle. They quoted the total repairs at over $7,000. I am now out of a car. I have documentation of all of this, pictures, receipts, dates, and I intend to call the owner of the first shop tomorrow and ask that he pay my repair bills. Is this recommended? Is he legally responsible for this? Should he refuse, what recourse am I entitled to take?
Asked on December 18, 2011 under Accident Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it is advisable to contact the owner of the first brake shop and request that he pay for the repairs to your car. The first brake shop is liable and if the owner refuses to pay, you can sue the first brake shop for negligence.
Negligence is the failure to exercise due care (that degree of care that in this case a reasonable brake shop would have exercised under the same or similar circumstances to prevent foreseeable harm). In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty of care (failure to exercise due care in making the brake repairs), actual cause, proximate cause and damages.
Actual cause means but for the repairs made by the first brake shop, would the brakes have failed? If the answer is no, which appears to be the case, actual cause has been established. Proximate cause means were there any unforeseeable, intervening events which would relieve the first brake shop of liability? If the answer is no, proximate cause has been established.
Damages means the amount of compensation you are seeking to recover in your lawsuit for negligence against the first brake shop. It was foreseeable that if the brakes failed, the car would be in an accident. Therefore, the brake shop is liable for the cost of repairs from the failed brakes including damage to the car when it slid off the road and hit the fire hydrant. You will need to mitigate (minimize) damages by having the car and brakes repaired by a shop whose charges are comparable to other repair shops in the area. If you were to select the most expensive repair shop you could find, you would have failed to mitigate damages and your damages would be reduced accordingly. If you need a rental car while your car is being repaired, again you will need to mitigate damages by selecting a rental car with a reasonable rate. If you were to select the most expensive rental car you could find, your damages would be reduced accordingly.
You will need to file your lawsuit for negligence against the first brake shop prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Prior to filing a lawsuit for negligence against the first brake shop, it may be possible to settle the case with the brake shop's insurance carrier. If the case is settled with the insurance carrier, NO lawsuit is filed. If the case is NOT settled with the brake shop's insurance carrier, proceed with your lawsuit.
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