Can I Sue a Mechanic or Auto Repair Shop for Negligence in Pennsylvania?
There are many reasons a car accident isn’t due to the negligence of a driver. Manufacturers may be liable for defective car parts. Taverns may be liable for serving a visibly intoxicated driver. Car mechanics and auto repair shops may also be liable for your personal injuries or the death of a loved one if they fail to properly maintain or repair your car – and those failures caused an accident to happen.
What car maintenance and repair failures can cause a car accident in York, Harrisburg, Gettysburg, Lancaster, and Hanover?
Examples of faulty car maintenance and repair work include:
- Mechanics and car repair workers should ensure that the correct tires are used for the correct make and model of the car. The tires should have the proper tread. They shouldn’t be worn. The tires should also be properly balanced and secured to the rims. Faulty tires can make it harder to brake and can cause the tire to lose traction with the road. If there’s a tire blowout, the consequences could be deadly.
- Common preventable failures include worn brake discs and pads, faulty brake lines, and antilock brake systems that don’t work. Brake failures can cause rear-end collisions, not being able to stop if there’s an emergency, and loss of control of the vehicle.
- Steering and suspension systems. These parts of your car or another driver’s car must work. Failure is not an option because the results can be deadly or cause catastrophic injuries. These parts should be inspected during yearly examinations and whenever there is any indication that they’re not working properly.
- Windshield wipers. When it rains or snows, drivers have to be able to see. Mechanics and repair shops have a duty to ensure that the windshield wipers operate properly and that worn-out wipers are replaced.
- Headlights, taillights, and turn signals. If these lights/ signals don’t work, drivers can easily get into a car accident. The bulbs should be replaced when they’re worn and the electrical systems should be examined.
Other mechanic and car shop failures that can cause car accidents include:
- Failing to properly repair or replace any parts of the car that aren’t working
- Failing to conform to manufacturer instructions when there is a recall of a defective car part
- Disabling parts of the car and then failing to re-enable them such as airbags and warning systems
- Not complying with Pennsylvania inspection requirements
- Installing improper parts or substandard parts
- Making unsafe repairs
- Many other failures
Why can car mechanics and auto repair shops be held liable for car accidents?
At KBG Injury Law, we have the experience and resources to show why car mechanics and car repair shops should be held liable for personal injuries and wrongful deaths. The main theories of liability include:
- The basic elements of a negligence claim are:
- There’s a duty of care. Generally, car owners bring their cars in for yearly inspections, for routine maintenance, and whenever the owner has concerns about how the car is performing. When a car owner/shop agrees to work on your car, they have a duty to inspect, maintain, and repair your car according to any federal or state standards, and according to industry standards for your type of car and car model.
- The duty of care was breached. We usually work with our network of car repair professionals to show that the person/ company that fixed your car failed to meet the appropriate standards.
- The breach of the duty of care caused your accident. Car mechanics and car repair shops can be held liable if their failures cause your accident to occur. For example, faulty brakes can easily cause a rear-end collision. On the other hand, some accidents are due to the negligence of the driver (such as driving while drunk) which are beyond the responsibility of the car mechanic or car shop.
- Breach of warranty. Often, the car you buy comes with express or implied warranties. The mechanic or shop that works on your car should know what these warranties are and fix your car according to the warranties – or better. If a car repair person or shop gives their own warranties for parts or labor, then they can be held liable if the breach of those warranties causes your accident.
- Defective car parts. The car mechanics and auto repair shops may be liable if there is a recall of a car part (such as airbags) and they fail to fix or replace a recalled part in accordance with the terms of the recall requirements. Some recalls provide that only certain authorized repair shops can fix or replace a defective car part.
- Violations of Pennsylvania’s consumer protection laws. Pennsylvania lemon law covers car problems during the first 12 months or 12,000 miles of ownership. This law requires that a dealer give you a copy of the repair invoice and must notify the manufacturer. A violation of the lemon law may affect your ability to file a personal injury claim against the dealer and the repair shop.
The right to file a personal injury or wrongful death claim may depend on who does the repair. Some repairs must be performed by an authorized dealership or an authorized repair shop. Other repairs can be performed by any competent repair company.
What damages can I claim from the car mechanic/ car repair for faulty workmanship?
Car accidents change lives. Whether it’s a traumatic injury, spinal cord damage, broken bones, back pain, or other injuries, the people and businesses responsible for your injuries (if you qualify for a full claim) are required to pay for your medical bills, lost income, pain and suffering, car damage, scarring and disfigurement, and all other financial and personal damages.
Our York car accident lawyers file claims against all responsible parties, including car mechanics and auto repair shops. We’re skilled at showing what steps these repair people should have taken to prevent the accident that hurt you or tragically took the life of your loved one. Please call us or complete our contact form to schedule a free consultation. We maintain offices in York, Lancaster, Harrisburg, Hanover, and Gettysburg for your convenience.
The personal injury attorneys at KBG Injury Law are all experienced litigators. Almost all of them represented insurance companies prior to becoming advocates for injured people, which provides them with a unique perspective and insight into how these companies operate. They also offer extensive courtroom experience if going to trial is the best legal alternative for the client.
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