If injured to due faulty car repair is repair shop responsible? Air bags didn’t deploy single vehicle accident

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If injured to due faulty car repair is repair shop responsible? Air bags didn’t deploy single vehicle accident

Rubber brake pad cover came off after
being repaired a few months previously.
This cause bare metal brake foot
slipped on gas hit a tree. Air bags
didn’t deploy either on a Dodge Durango.
I had to have 2 surgeries spent 6
weeks in hospital rehabilitation.
still possibly 3 more weeks. I feel
Dodge/Lithia is responsible for my
injuries. Dr said if air bags had
deployed neck surgery would have been
unnecessary.

Asked on October 28, 2019 under Personal Injury, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The repair shop *may* be liable or responsible.. It depends on the degree to which their faulty repair caused the accident or other factors, including your carelessness, did. If the pad slipped off as you were trying to brake but were otherwise driving carefully, that would seem to be their fault and make them liable. If the pad slipped off as you were trying to brake but you were speeding at the time or driving distractedly, it's both your faults, and the balance of fault determines who is liable. If the pad came off on a previous day and you kept driving on it, you would again have at least a share of the fault (possibly a large share), for choosing to drive  when the car was in a dangerous condition. So the specific facts will determine fault.


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