A defective car repair is a repair performed on a vehicle that is not performed correctly. It is important to note that if a repair is not properly completed on a vehicle, that may result in further damages to the car.
Defective car repairs may also result in an injury to the driver, their passengers, or other drivers on the road. In other words, defective mechanic work can ultimately render a vehicle completely unsafe to drive.
Then, if a vehicle is unsafe to drive, driving the vehicle any further increases the risk of further damages to the vehicle itself, or personal injuries to the vehicle operator, passengers, or other drivers.
In Arkansas, if you are physically injured as a result of a defective car repair, you have a legal right to sue the party that is responsible for your injuries under the legal theory of negligence. Further, there are many instances in which you may also hold the repair shop or mechanic responsible for your injuries under the legal theory of strict liability.
Additionally, in Arkansas, there are several state laws that address defective car repairs and protect consumers when repairs are performed. In fact, the Arkansas Lemon Law is a state law aimed at protecting consumers who purchase or lease new vehicles in the state.
The law ensures fairness by providing legal remedies to consumers when a new vehicle they purchased has substantial defects. As such, if your new vehicle in Arkansas repeatedly fails to conform to the warranty after a reasonable number of repair attempts, the law allows for either a complete refund or replacement.
Repair shops in Arkansas may also be held liable for a defective car repair under The Arkansas Deceptive Trade Practice Act (“ADTPA”), which is a state law that prohibits and makes unlawful, deceptive, and unconscionable trade practices.
What Are Some Examples of Defective Car Repairs?
There are many different examples of defective car repairs. Examples of common defective car repairs include:
- Faulty mechanical work that results in further mechanical or operational issues with the vehicle;
- Improper replacement of parts, such as using rebuilt parts that fail;
- Leaking hoses or other fluid leaks;
- Substandard repairs of cosmetic issues;
- Improper wiring that results in safety hazards.
Once again, garages and mechanics are held to specific industry standards regarding any repairs that are made to a consumer’s vehicle in Arkansas. In fact, Arkansas’s lemon laws help consumers who experience issues with the purchase or lease of a new motor vehicle in the state, as noted above.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A defective car repair and a defective product recall are not the same. A defective car repair deals with repair that has been improperly performed by a repair shop or mechanic. In contrast, a defective product recall deals with a defect that is the result of the vehicle’s manufacturer.
A defective product recall serves the function of notifying consumers in the state about any dangerous defects in their vehicles. As a vehicle consumer, if you receive a product recall notice, then you should immediately schedule with a shop to get the repairs performed. It is important to note that such repairs should be performed at no cost to you.
What Should I Do Regarding a Defective Car Repair?
If you are considering filing a defective car repair lawsuit against a mechanic or repair shop, the first thing that you should do is attempt to resolve your issues with the mechanic or shop itself. They may be able to provide a remedy to your issue.
If they cannot remedy your issue, an auto repair lawyer may help you. Once again, if the defective car repair resulted in a personal injury to you or the passengers in your vehicle, then you have a legal right to file a lawsuit in order to recover damages for such negligent faulty repairs.
A lawyer for car issues will be able to help you review the facts and circumstances of your case and help you determine who may be held responsible for your defective car repair. An attorney can also help you negotiate with any insurance companies to reach a settlement for your damages.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Most mechanic work in Arkansas will be performed under some form of a written contract that is executed between you and the repair shop or mechanic. Proper documentation is important in being successful in a civil lawsuit based on a defective car repair. This is because such documentation will be used as evidence to support your lawsuit.
Examples of documentation that you should always keep in relation to a vehicle repair include:
- Payment receipts that show the date of work performed and the total cost of repairs;
- Purchase and repair warranties;
- Insurance documents related to the repair, such as payments made by your insurance company to the shop or mechanic;
- Any written communications with the shop, such as text communications, emails, or written quotes for repairs or conversations related to the work that was to be performed;
- Copies of any other documents or legal instruments relating to the vehicle repair, such as identifying documents regarding parts that were used and labor tasks that were performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for a defective car repair issue in Arkansas, you must first identify the legal theory that you will base your civil lawsuit on. This will generally be negligence, strict liability, or contract law.
After you identify your legal theory, you must then identify the party that is responsible for your damages. After that person or party is identified, you will then need to draft your civil lawsuit and properly file it in the proper venue.
Once your lawsuit has been filed, you will then need to serve the lawsuit on the opposing party. From there, the opposing party will have a period of time to answer your civil lawsuit and file a civil defense. Settlement negotiations often occur at this point in the civil process.
After a period of time has passed, your lawsuit will continue based on the civil procedure laws for Arkansas. A local attorney in Arkansas will be familiar with Arkansas civil procedure laws and will be able to provide you with guidance and assistance regarding your lawsuit.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you have issues related to a defective car repair in Arkansas, it may be in your best interests to consult with an experienced Arkansas liability lawyer. An experienced liability lawyer in Arkansas will be able to help you determine your best course of legal action.
For instance, an attorney will be able to help you identify the party that may be held accountable, draft a civil complaint, and assist you in initiating your lawsuit. An attorney will also be familiar with the proper civil procedure in Arkansas regarding how to properly file and serve your civil lawsuit regarding the defective car repair. Finally, an attorney will also be able to represent your interests in court, as needed.
