What is my legal recourse if a care repair resulted in a mechanical failure that could have killed me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my legal recourse if a care repair resulted in a mechanical failure that could have killed me?

My vehicle was at a national service chain. I had rear brakes done, tires and a right front drive shaft and a right front ball joint. 2 hours after I left the shop I had a massive failure on my left side ball joint and shaft. I was very lucky that I wasn’t killed. I would think that if they inspected and repaired the front end properly this wouldn’t have happened. Do I have any recourse for damages done to my vehicle?

Asked on August 5, 2011 Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the service shop was negligent--or unreasonably careless--or committed intentional fraud (e.g. claimed to inspect, when it did not), or used a defective part, etc., and, as a result your car suffered damage, you may sue them for that damage. (If the problem was a defective part, you may also have a cause of action against the supplier and/or manufacturer of the part). If the damage and cost to repair is a few hundred dollars, you may wish to look into suing in small claims court; if it's, say, $1,500 or more, you'd probably be better off retaining a lawyer, if the shop will not voluntarily pay your losses. There is no recovery, by thhe  way, for almost dying, not so long as you were not in fact injured--if  you were not hurt, you may only recover the property damage. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption