Florida has a Lemon Law, which states that Florida car buyers may turn if they have bought a defective car. Florida Lemon Laws state that if a person buys a car and then discovers that it has a defect before any recall is made, the person must report the defect to the manufacturer or the dealer. The person would do this within the first 24 months after they drive the car off the dealer’s lot.
This 24-month period is referred to as the “Lemon Law Rights Period.” After the buyer reports the defect to the manufacturer, the manufacturer is legally obligated to make a reasonable number of attempts to repair the defect. If the manufacturer is unable to repair the defect, the manufacturer must buy the defective car back, returning the full purchase price to the consumer or giving them a replacement vehicle.
Often, when defects come to light, the National Highway and Traffic Safety Administration (NHTSA) issues a recall. The manufacturer is then compelled to repair the defect free of charge to the owner of the vehicle. If a person is notified that their car is subject to a recall, they want to take the car to an authorized dealer. Authorized dealers cooperate with car manufacturers and are compensated by the manufacturer for repairing a defect.
Again, the dealer should not charge a vehicle owner for repairing a defect that has been the subject of a recall. If they do, the solution is for the person to contact the manufacturer directly or the NHTSA.
If the dealer included a manufacturer’s warranty in the sale of the vehicle, the warranty may provide a solution for a defective condition in a new car, if the defect involves a part or parts that are covered by the warranty. If the repair of a defective condition is covered by a warranty, an authorized dealer should fix it. If a defect is one that a manufacturer or dealer should repair per a warranty and they do not honor the warranty, a person might sue for breach of warranty.
In another possible scenario, a person may buy a car with a defect of which they are not aware. The defect may then cause an accident in which the person suffers injuries and/or property damage. The person may then sue the manufacturer and the dealer for compensatory damages on a theory of strict product liability.
What Are Some Examples of Defective Car Repairs?
There are any number of possible ways in which a vehicle may be defective. According to experts, the following are among the most common defects that may be found in new cars:
- Seat belts: According to NHTSA, millions of people have been injured when their seatbelts failed. In some cases, the injuries have proven to be fatal. Car seats and booster seats for infants and children have had defective seat belts, buckles, or parts that create a risk of injury not only in a vehicle crash but also when a vehicle is not in operation;
- Airbags: Various issues can arise with airbags. They may deploy when they should not, creating an obvious risk for the driver and others on the road. Another problem is airbags deploying with excessive force when the vehicle is involved in a crash. This can cause injuries that are worse than those that result from the crash itself, such as airbag burns, hearing loss, and blindness.
- In a famous recent case, airbags manufactured by the Takata company and installed in Toyota and Honda vehicles shot shrapnel from the airbag at passengers when the airbags deployed. This flying shrapnel proved fatal in some cases. A massive recall to replace the airbags followed;
- Fuel Systems: Fuel systems that are defective may contribute to vehicle fires. One fuel system defect is a manufacturer’s failure to install a device that cuts off the flow of gas in the event of a crash. If a person has experienced a fire in their vehicle, they want to consult a local attorney in Florida about it;
- Steering System: Warnings that steering systems are defective may include the following:
- Difficulty turning the steering wheel;
- The vehicle drifts from one side on a straight road;
- The steering wheel rumbles when a person is driving normally;
- Screeching noises when a person turns the steering wheel.
- A person should take warnings such as these seriously and have them checked out by a mechanic;
- Braking System: Clearly a car’s braking system is key to its safe operation. Some of the warning signs of defective brakes are brakes overheating, cracked calipers, a defective parking or emergency brake, and leaky hydraulic lines. A person should have their brakes checked routinely to detect possible defects.
Clearly, a defect can affect any system in a vehicle. Many defects reveal themselves in crashes, so if a person is injured in a crash whose cause is not clearly their own negligence or that of another driver, they would want to consult a Florida personal injury attorney.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A person might have a car that was sold to them in a defective condition. That is, even though the car is new, it has a defect. The defect may have originated during the design of the car. Or, it could have arisen during the manufacturing process. It may be a defect in the warnings about how it should or should not be used. Defects such as these are addressed by New York’s lemon laws as well as the NHTSA and its recall program.
A separate issue is a car that is not defective but needs to be repaired because a part is worn or has been damaged in some way. The car may have been in an accident. Lemon laws and recalls do not offer a remedy in this common situation.
The owner needs to take the car to a mechanic for repair. However, the mechanic to whom the person entrusts the vehicle for repair may do a substandard job, and the repair may not be adequate. It does not fix the problem. This is a different type of problem than the one in which a person deals with a car that is defective when they drive it off the new car lot.
What Should I Do Regarding a Defective Car Repair?
If a person is dealing with a car that was sold to them in a defective condition, their options are outlined above.
If a person is dealing with a defective car repair job, i.e. repairs by a mechanic who has not fixed the problem they were supposed to fix, they have to look to some standard legal theories for a solution.
What Documentation Do I Need When Dealing with a Defective Car Repair?
In any event, it might help a person in certain situations to have the sales contract for their car. If they purchased a warranty or if the car was sold with a manufacturer’s warranty, they want to be sure they have a copy of those documents. And, of course, the title and registration to prove one’s ownership could be useful.
If a person has a problem with a bad repair job, they would want to make sure they keep any documents they have that are associated with the repair, e.g., job orders, receipts, and the like.
Florida has a Florida Motor Vehicle Repair Act, which states that car owners are entitled to receive a written estimate of the cost of a car repair if the cost is to exceed $100. They also have a right to be told whether new or used parts are going to be used for the repair. Finally, they have a right to receive an itemized invoice for all labor done and parts used in the repair work. Consumers may also ask for the following:
- To be asked for authorization if the cost is going to exceed the estimate;
- To have old vehicle parts returned to them if they are replaced.
A person would want to keep a written estimate, as well as the invoice and receipt for their payment.
How Do I Sue for Defective Car Repair Issues?
A person might sue in a Florida civil court in order to obtain the repair of a vehicle defect or return their purchase price as promised by the Florida Lemon Law. Or, if a manufacturer has refused to provide a repair that the manufacturer should provide for a vehicle that has been recalled because of a defect, again, a suit in a civil court would be the right course of action.
If a person’s problem is defective mechanic’s work, they would also sue in a Florida civil court. They might sue for simple breach of contract, because they had a contract to pay a mechanic to perform a specific repair of their car, and the mechanic did not perform the repair as promised. It is important to note that a contract may be oral or written, express or implied from circumstances.
So, even if a person did not have a contract with their mechanic in written form or even an express oral contract, they may still have had an implied contract. Breach of the contract would be grounds for a lawsuit for compensatory damages, which could be the cost of making the repair that the mechanic failed to make.
It could help to consult a lawyer for car issues. A lawyer could help a person decide what their specific claim should be and how they would prove their case.
Other options might be suing for breach of warranty if a person has a warranty for their car, either from the manufacturer, dealer or an after-market warranty that they purchased to cover the cost of potential repairs.
Can You Sue a Mechanic in Florida?
Mechanics can be sued in Florida, just as any other provider of a service can be sued. If a mechanic promises to make certain repairs on a person’s car and fails to perform as promised, a person might sue them.
Of course, a person would first try to negotiate a resolution of the problem with the mechanic. One issue that might complicate the situation is that a person might need the expert opinion of a professional mechanic to support their claim that a mechanic who originally repaired a problem with a person’s car did not do an adequate, professional job. This could add to the expense of suing a mechanic.
Whether a person were to decide to sue would depend on the cost of the repair. If the cost were to be relatively minor, a person might simply hire another mechanic to solve the problem. On the other hand, if the repair job at issue involves a major expense, then suing the mechanic might be a better option.
In any event, if a person has hired one mechanic to repair their car and the mechanic failed to perform, a person should take the car to another mechanic to get an opinion about the first mechanic’s performance, what would be required to fix the car, and what the repair would cost.
A person could sue the mechanic and/or the shop or dealer who employs the mechanic. A person can sue for up to $8,000 in a Florida small claims court. So, if an award of damages for breach of contract of up to $8,000 would compensate a person adequately, then suing in small claims court is an option.
For amounts over $8,000, a person would have to file their lawsuit in a civil court where they would have to be represented by an attorney. If the amount for which a person wants to sue is more than $8,000, then they would have to hire an attorney to represent them and sue in Florida civil court.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you believe you have purchased a defective car, you want to consult a Florida defective products lawyer. LegalMatch.com can put you in touch with a lawyer who knows Florida’s lemon laws and the federal system of car recalls.
If you have tried to have your car repaired and believe that the repair was inadequate or defective, then you want to consult a Florida liability lawyer. Again, LegalMatch.com can give you access to a lawyer who is familiar with approaches to suing for defective repair work and can advise you as to the best way to get the remedy you need.
