The Duty of Care Auto Repair Facilities Owe Customers
Atlanta Car Accident Lawyers Discuss the Duty of Care Auto Repair Facilities Owe Customers
Although most people associate car accidents with careless and inattentive drivers, sometimes collisions occur because of a vehicle malfunctions. When a tire blowout or brake failure results in a collision, an auto repair facility can be liable for injuries caused by inadequate repair work or a failure to notify the customer of unsafe conditions. A fundamental issue in evaluating the potential liability of a vehicle repair station is the appropriate standard of care owed to the customer. In this blog article, our Atlanta car accident lawyers provide an overview of the nature and scope of the standard of care owed by a business that performs mechanical repairs for a vehicle owner. There are three primary issues that must be considered when investigating the liability of an auto service center:
Nature of the Repairs/Maintenance: Since vehicle service stations often perform a very specific type of work that relates to a certain area of the vehicle, the scope of work needs to be evaluated. If the auto service center is tasked to replace a faulty door lock switch, for example, the mechanics who perform the work would not be expected to notice worn brake pads. Although the service station is not expected to detect every potential mechanical or maintenance issue, the facility might be liable for failure to warn about issues that are in reasonable proximity to the repair/maintenance work requested by the customer. If maintenance is being performed as part of a certified pre-owned program or state inspection program, the mechanics would be expected to notice and warn of significant issues throughout the vehicle.
Justification for Bring the Vehicle in for Servicing: While the area of the vehicle that is serviced partially determines other issues that should be noticed, the type of malfunction that leads to a service request also is important. If we consider the example of the repair of a flat tire, the reason for the deflation is important. If the driver runs over a roofing nail that causes a puncture, plugging the hole might be a sufficient repair without further examination of the vehicle. However, damage caused by running over a large object in the road typically necessitates an examination of the suspension and rim.
Type of Repair or Maintenance Facility: While a vehicle service center can be liable for performing substandard work or failing to notify consumers of apparent safety issues, certain businesses have a broader or narrower duty. The service center of a car dealership has the highest duty, which includes checking for any applicable service bulletins or safety recalls. By contrast, a vehicle alarm installation company probably would not be expected to notice mechanical issues unrelated to the electrical system.
Put Our Law Firm's Over 35 Years of Experience to Work For You!
If you are involved in a motor vehicle accident that may have been caused in part by faulty repairs, our Atlanta car accident lawyers work with experts that have a thorough knowledge of vehicle engineering, repair, and maintenance issues. Our Georgia auto collision injury lawyers are committed to diligently pursuing the fullest recovery under the law for car accident victims. Montlick and Associates, Attorneys at Law, has been representing those who suffer serious injuries throughout Georgia and in the Southeast for over 35 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED
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