A defective car repair is a car repair that is improperly performed and results in the necessity for further repairs or a dangerous defect. It is important to understand that if a repair is not properly completed on a vehicle, it can result in further damages or even injuries to the driver and/or their passengers. In fact, defective mechanic work often renders a vehicle completely unsafe to drive.
If the vehicle is unsafe to drive, further operating of the vehicle can then result in further damages to the vehicle itself, or personal injuries to the vehicle operator or passengers in the vehicle. After driving around a vehicle with a defective repair, making further repairs may then be difficult or impossible to perform resulting in the vehicle being deemed totalled.
When a person suffers a personal injury or property damages as a result of a defective car repair, they may then be able to sue the responsible party. In general, their lawsuit is based upon the legal theory of negligence in Georgia.
Further, there are many instances in which the driver may also hold the repair shop or repair person responsible for their injuries under strict liability. Additionally, contract law may also come into play if the two parties executed any form of contract regarding the repairs.
In Georgia, there are specific laws and regulations related to defective car repairs. For instance, in Georgia, repair shops may also be held liable for a defective car repair under laws concerning the Uniform Deceptive Trade Practices Act (“UDTPA”).
What Are Some Examples of Defective Car Repairs?
There are numerous different examples of what may be considered to be a defective car repair in Georgia. Examples of common defective car repairs in Georgia include:
- Mechanical work that is faulty and results in further mechanical issues;
- Improper replacement of parts, such as using after-market or rebuilt parts that fail;
- Defective body repair work resulting in additional body work needing to be performed at a later point in time;
- Substandard repairs of cosmetic issues, such as failure to properly replace a vehicle bumper or fender;
- Improper wiring that results in an electronic error vehicle failure as a result of the wiring.
Once again, automobile repair shops and mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments that are performed on vehicles in Georgia. In fact, Georgia actually has lemon laws administered by the Georgia Attorney General’s Consumer Protection Division.
These lemon laws are designed to help Georgia vehicle consumers who experience any issues with the purchase or lease of a new motor vehicle in the state get their vehicle competently repaired under the original manufacturer’s warranty at no cost to themselves.
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 is simply an improper repair that has been performed on a vehicle by a repair shop or mechanic. On the other hand, a defective product recall is different because it is a defect which is the result of the vehicle’s manufacturer.
A defective product recall serves the important purpose of notifying automobile consumers about any dangerous defects regarding the product that they purchased. As a vehicle owner, if you receive a defective product recall notice, then you should immediately take action and call a mechanic to schedule the repair that is listed in the notice. These repairs should be performed at no cost to you as the vehicle owner.
What Should I Do Regarding a Defective Car Repair?
If you have a defective car repair, an auto repair lawyer can help. This is especially necessary if you or the passengers in your vehicle were injured as a result of a defective car repair. In either a personal injury or property damage case, it may be possible to recover damages for negligent faulty repairs.
A lawyer for car issues will be able to review the facts and circumstances of your specific case and help you determine who may be held responsible, as well as what damages may be available in your specific case.
As mentioned above, you may also be able to hold a repair shop or mechanic liable under any contract you may have executed. In Georgia, almost all mechanic work is performed in accordance with a contract executed between the shop mechanic and the customer seeking repairs.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Maintaining all repair documentation is important in being successful in a civil lawsuit based on a defective car repair. This is because there are certain elements that you must be able to prove in your civil lawsuit or legal claim.
Examples of documentation that you should always keep in relation to the repair of your vehicle include:
- Any repair receipts that show the date of work performed and the total cost of repair;
- Any purchase and repair warranties provided or communicated by the mechanic or shop;
- Insurance documents related to the repair work, including any insurance payments made;
- Copies of any and all written communications with the shop, such as quotes or conversations related to the repair work;
- Copies of any other documents or legal instruments relating to the repair, such as parts used, labor performed, and specific work that was performed.
How Do I Sue a Mechanic Shop in Georgia?
In order to sue a mechanic shop for defective car repair issues in Georgia, you must first properly identify what legal theory you will base your civil lawsuit on. As mentioned above, a mechanic shop may be held liable under a variety of different legal theories in Georgia, including negligence, strict liability, and contract law.
After you identify your legal theory, you must then identify the proper party that you are attempting to sue. After that, it is important to draft your lawsuit and file it in the proper venue. When drafting your lawsuit, you should pay careful attention as to what is required for you to demonstrate to make a recovery.
After filing your lawsuit, the opposing party will have a period of time to answer your civil lawsuit and file a defense. After that period of time has passed, your lawsuit will continue based on the civil laws and procedures for your local jurisdiction and state law. A local attorney in Georgia will be familiar with this entire civil process and will be able to provide you with guidance and assistance.
Can You Sue a Mechanic in Georgia?
Similar to suing a mechanic shop in Georgia, individual mechanics may also be held liable for defective car repairs. If an individual mechanic who is not affiliated with a shop is responsible for your defective car repairs, you can bring a private civil lawsuit against them as an individual.
Importantly, if the individual is affiliated with a shop, it may be more prudent to sue the shop under the legal theory of respondeat superior. Georgia law provides that an employer can be held liable for negligent acts committed by its employees while they were within the “course and scope” of their employment, including a mechanic making defective repairs.
The repair shop may carry liability insurance that can be used to cover the costs of your injuries or further required repairs, whereas an individual may not have sufficient funds to cover the costs of your injuries or needed remedial repairs.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you are having any issues related to a defective car repair in Georgia, then it is in your best interests to consult with an experienced Georgia liability lawyer. An experienced liability lawyer will be able to help you understand if you will be able to be successful in recovering for a defective car repair. LegalMatch can connect you to the right lawyer for your needs.
This includes helping you identify who you may hold responsible for your personal injuries or property damage. Additionally, an attorney will also be familiar with the proper civil procedure regarding how to properly draft and serve your civil lawsuit based on the laws of Georgia. Finally, an attorney will also be able to represent your interests in court, as needed.
