In all professions, we find people who love their work and perform their activities to their best. But, of course, we can also find the opposite; people who do not take the necessary care, who do things in a hurry and without thinking about the consequences of their actions.
When our vehicle fails, we trust that a mechanic will be able to solve the problem, correctly diagnose the situation, and soon be able to drive on the streets again without worries. But what happens when a mechanic makes a mistake that puts the driver at risk of an accident? Can he be held responsible?
These types of lawsuits can be complicated, as accident cases involving negligence on the part of a mechanic or repair shop can be very difficult to prove.
There are three essential things the victim should be able to prove in these situations:
- The mechanic or repair shop in question failed in their duty of care.
- The problem was foreseeable and not something that another responsible mechanic could have overlooked.
- The damages suffered by the vehicle were a direct consequence of the discovery of the mechanic or repair shop when performing the maintenance or repair of the car.
According to California law, mechanics are required to exercise a duty of care in their work. Additionally, they must meet the following criteria:
- Keep a record of all repairs and maintenance activities carried out per vehicle and the parts repaired or replaced.
- Return or show the customer the old parts that were changed.
- Obtain the consent of the clients before making any repairs or changes.
- Have a report of the number of new parts used, repaired, or if used parts were utilized.
- Not charge for extra parts or repairs that were not included in the initial quote and to which the customer consented.
- Maintain records of all customers and repairs performed for a minimum of three years.
If you believe that you or a loved one has been injured as a result of incorrectly done repair work, contact us today. We will schedule a free consultation to discuss the details of your situation. Call us!