Can I Sue a Mechanic or Auto Repair Shop for Negligence in Nevada?
Car accidents happen for many reasons – driver distraction, driving under the influence of alcohol, speeding, and other acts of driver negligence. Car accidents may also be due to defective car parts such as brakes and electrical wiring. One overlooked reason for car accidents is the negligence of your car mechanic or car repair shop.
What types of accidents are caused by improper car repair?
Car owners bring their cars in for repairs for several reasons. Generally, owners must inspect their vehicles regularly for various safety and emissions requirements. The state of Nevada may require that repairs be completed before the car can pass the inspection. Manufacturers suggest regular inspections and repairs, and owners should consider more regular inspections and repairs for routine items like oil changes and brakes. Owners may also bring their car in for repairs after an accident occurs.
Some of the mistakes repair mechanics and shops may make include:
- Failing to follow the manufacturer’s instructions
- Using incorrect, substitute, or substandard parts
- Failing to make a proper diagnosis of the problem
- Failing to use the proper methods to correct the problem
- Damaging other car parts while making the repairs
- Using the wrong tools or equipment to make the repairs
- Failing to test the vehicle to ensure the repair is correct
- Failing to complete the repair
- Failing to advise the car owner of any risks or dangers after the repairs are completed
What types of claims can I file against my car mechanic in Nevada?
Generally, if you are in a car accident because your car mechanic failed to take proper care of your car, you can file a legal claim against your mechanic or the repair shop that employs your mechanic. The type of claim may vary depending on the parts your mechanic uses and the labor your mechanic performs.
The two main types of claims our Reno and Las Vegas lawyers file against car repair businesses and mechanics if you suffer personal injuries (or someone dies) include negligence and product liability.
Negligence
The key elements of a negligence claim against the people/business that work on your car are the following:
- The car repair mechanic or shop owes you a duty of care. Generally, the oral or written contract that you enter into with the repair business to fix your care is enough to show that the duty exists. Often, the estimate helps to establish the duty of care. Nevada has specific estimate and repair requirements. NRS: CHAPTER 487 – REPAIR, REMOVAL AND DISPOSAL OF VEHICLES
- The repairs were performed in violation of those duties. Our car accident lawyers work to show that the repairs did not comply with Nevada law or industry standards or were substandard in some way.
- The faulty or inadequate repairs are the cause of your accident. For example, the car repair company may be liable if they agree to fix your brakes, they don’t fix your brakes properly, and you get in an accident because your brakes fail.
- A car accident causes your injuries or the death of a loved one. We usually show this through the report or testimony of a qualified/expert mechanic and/or your physician.
Product liability
Generally, if the parts the repair company uses are defective, we file a strict liability claim against the manufacturer. Defective car parts may include tires, brakes, fuel lines, airbags, and seatbelts. There is no requirement to prove a manufacturer was at fault—provided we can show that the car part is defective and caused the accident.
The issue of car mechanic/shop liability and manufacturer liability is complex when a defective car part causes an accident. Some of the issues we need to review are:
- Was the repair performed according to the manufacturer’s guidelines and policies
- What old parts and what new parts were used
- Was the repair shop an authorized repair business for the manufacturer
- Many other practical and legal considerations
What damages can I claim if my mechanic or car shop is responsible for my accident?
Our Las Vegas and Reno car accident lawyers work with your doctors to verify your injuries, the medical care you need, and all the ways your life is more difficult and upsetting because of your injuries. We also work with employers, life planners, and other car mechanics to place a value on your other damages.
If you’re in a car accident, we demand compensation for your current and future:
- Medical expenses, including reasonably likely complications
- Physical pain and emotional suffering
- Lost income and benefits
- Property damage, including the cost of fixing your car properly
- Loss of enjoyment of life
- Scarring and disfigurement
- Other financial and personal damages
Our car accident lawyers also file a wrongful death claim if your loved one dies due to improper car repairs.
Who is responsible for car accidents besides the car repair mechanic or shop?
We’re prepared to file claims against all responsible people, including another driver, the owner of another driver’s car, car parts manufacturers, any other repair people who worked on your car, parts suppliers, and other liable defendants.
Among many other tasks, we review:
- The full history of repairs on your car
- Any manufacturer recalls
- Any complaints by other customers
Claggett & Sykes files car accident claims against everyone responsible for your accident, including your car mechanic or the car mechanic responsible for the other driver’s vehicle. We work with professionals who understand the proper way to conduct car repairs. Please call us or complete our contact form to schedule a free consultation. We have offices in Las Vegas and Reno.
We are not simply a personal injury firm. We are trial lawyers who take on catastrophic injury, brain injury, and wrongful death cases. These cases are different than most personal injury cases and the needs of these cases cannot be met by law firms that take on just any case.
Read more about Claggett & Sykes Trial Lawyers