Can You Sue A Mechanic For An Injury?
While many car accidents are the result of another person’s negligence, there are circumstances where a defective part or mechanical error directly contributed to the crash. If you brought your car to a mechanic and believe that the repair later caused you to have an accident, you may be wondering whether you can sue a mechanic for negligence. Our experienced attorneys at Tyroler Leonard Injury Law can help. Contact our offices today and get a free consultation from an experienced trial attorney at (651) 259-1113.
Understanding Negligence and Defective Mechanic Work
If you have ever taken your car in for a repair and the negligent work of a mechanic caused you to have an accident you may have a claim for negligence directly against the repair shop or mechanic. Consumer laws do allow you to sue a vehicle repair shop and/or a mechanic for negligence if you believe the service that they provided to you was negligent.
Mechanics have a duty to properly repair a vehicle brought in for service. Consumers must show that instead of properly repairing a vehicle, the mechanic damaged the vehicle instead. This may occur as a result of installing a faulty or defective part or component, or simply negligently installing or repairing damage to a vehicle. Additionally, a victim must show causation and damages resulted directly from the faulty repair. Compensation for victims can include either physical injuries, damage to the vehicle, financial damage, or further injuries stemming from an accident.
Examples of Negligence Related to Mechanical Work
There are many examples of negligence that result in damages that include:
- Repairs that result in an accident
- Fraud
- Failure to adhere to a car’s warranty
- Carelessness
- Replacing parts with other faulty or defective components
- Poor workmanship
- Incorrect parts being installed
- Not fully or correctly repairing the damaged part
- Damaging other parts of the vehicle as repairs are performed
If you have experienced any of the above, you may be able to sue a mechanic for negligence. Our experienced attorneys at Tyroler Leonard Injury Law can help determine whether you can sue a mechanic for negligence in your specific situation.
Pursuing a Claim Against A Mechanic or Repair Shop
There are many options available to you when pursuing a personal injury claim based on negligence. Consider contacting an experienced attorney who can guide you through your options, and help you understand all of your legal rights. Every situation will have a unique set of facts and circumstances, however, some of the options you may have are listed below:
Settling Directly with the Mechanic
If you were in an accident because of a faulty repair, you may first want to try to settle directly with the repair shop. This may be the best option if the accident was small or if the only damage was to your vehicle.
However, if the mechanic or repair shop was part of a larger chain, the discussions may need to occur with the corporate office to see if you can receive compensation for your injuries and losses. If you feel that a mechanic purposely or intentionally damaged your vehicle as part of larger fraud you can reach out to the Office of the Attorney General in Wisconsin or Minnesota.
Pursuing a Personal Injury Claim
In some cases, you may have to file a personal injury claim. If an insurance company, mechanic, or repair shop fails to compensate a victim for the injury and losses they caused as a direct result of their negligence, consider visiting with an experienced personal injury attorney to learn all of your legal options. It is recommended to hold onto any spare parts that may have been involved in the repair that caused further damage to your vehicle. Our legal team can gather expert options of other mechanics in order to establish that negligence occurred.
Proving Negligence
Each state will have its own criteria that will need to be met in order to prove that negligence occurred. Laws regarding negligence in the state of Minnesota are covered under Minnesota States Chapter 604. There are generally several elements that you must prove in a negligence case, including:
- Duty: You must prove that the other party had a duty of care to you. In this case, a mechanic or repair shop has a duty to provide quality service to their client.
- Breach of Duty: You must show how the mechanic or repair shop breached this duty.
- Causation: Your case must show that if not for the actions of the other party you would not have sustained injuries or damages.
- Damages: Display what injuries and/or losses you incurred because of the actions of the other party.
There may also be unique laws and recovery options available to you depending on where you live. For example, in the state of Wisconsin, if you bring a negligence claim in small claims court and you are successful, you can potentially recover up to twice the amount of damages incurred, including financial, costs for going to court, and any potential attorney’s fees you incurred under Wisconsin Statute 100.20(5).
There are certain instances when a mechanic or a repair shop will not have legal responsibility for the outcome of a recommended repair. For example, if a mechanic recommends a course of action to you and you then choose not to have the repair done, the mechanic is not liable for an accident that occurs after the consultation.
Contact an Experienced Car Accident Attorney Today
If you took a vehicle in for a repair and the faulty repair led to an accident, our experienced personal injury attorneys at Tyroler Leonard Injury Law can determine if you have the legal right to pursue compensation and justice for your injuries and losses. Our compassionate attorneys can explain all of your legal options so you can make the best choice for your circumstance. Contact us today at 651-259-1113 to learn more.
Attorney Rachel Sperling Leonard
A partner of Tyroler Leonard Injury Law, Ms. Sperling Leonard practices exclusively in personal injury and wrongful death claims. Specifically, she specializes in car accidents, motorcycle accidents, boating accidents, dog bites, dog attacks, slip and falls, trip and falls, sexual assaults/abuse and other assaults. Some representative cases of Ms. Sperling Leonard’s in the last few years include: a $1 million settlement for an individual injured in a car crash, a $750,000.00 for a man injured when he slipped and fell, a $455,000.00 settlement for an individual injured after falling, and multiple $250,000.00 settlements for individuals injured in motorcycle and auto accidents, among many others. She frequently turns insurance company denials into fair-value offers.
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