A defective car repair is generally defined as any vehicle repair that is performed improperly, or that results in a dangerous defect being present. A repair that is not properly completed on a vehicle will result in further damages to the vehicle. This is especially true if the vehicle is driven further while being in a state of disrepair.
In short, defective mechanic work can ultimately render a vehicle completely unsafe to drive. This may even result in a risk of injury to the driver, passengers, or other drivers on the road. Additionally, making multiple repairs on a vehicle after it was driven in disrepair may be difficult or impossible. Because of this, the vehicle may be deemed totaled.
A person may suffer physical injuries or property damage as a result of a defective car repair. In this case, they have a legal right to sue the responsible party based on the legal theory of negligence in Kansas. Additionally, residents of Kansas may also hold a garage or vehicle repair person responsible for their injuries under the theory of strict liability or contract law.
Additionally, in Kansas, there are additional laws that address defective car repairs and grant consumers additional protections. The Kansas Lemon Law is a state law that provides protections to vehicle consumers who purchased or leased new motor vehicles weighing less than 12,000 lbs.
The law provides a procedure to follow and a remedy if your vehicle qualifies as a lemon under the law. Generally, if your new vehicle repeatedly fails to conform to the warranty after a reasonable number of repair attempts have been made, then the manufacturer must either replace the vehicle or issue a complete refund minus a reasonable value for use.
Repair shops may also be held liable for a defective car repair under the Kansas Consumer Protection Act, which addresses deceptive trade practices within the state. The Kansas Consumer Protection Act protects consumers from any “unfair, false, misleading, or deceptive acts or practices” employed during a vehicle repair or sale.
What Are Some Examples of Defective Car Repairs?
There are many examples of defective car repairs in Kansas, including:
- Faulty mechanical work that results in further mechanical or operational issues with the vehicle;
- Improper replacement of parts, such as using cheap after-market or rebuilt parts that fail;
- Improper hose replacement or other replacement of parts that carry liquids;
- Substandard repairs of cosmetic issues, which result in further repair work needing to be performed to remedy the work performed;
- Improper wiring that results in an onboard computer or electronic error or failure.
Once again, automobile repair shops and mechanics in Kansas are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a consumer vehicle. In fact, Kansas’ lemon laws help consumers who experience any issues regarding a purchase, lease, or repair of a motor vehicle in the state get their vehicle fully repaired under the original manufacturer’s warranty.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs and product recalls are not the same. Once again, a defective car repair is a repair that has been improperly performed by a garage or mechanic. On the other hand, a defective product recall is different as it concerns a defect that is the result of the vehicle’s manufacturer.
A product recall serves the important function of notifying automobile consumers in the state about dangerous defects present in their vehicles. As a vehicle owner, if you are notified of a defective product recall, then you should immediately take action and schedule any necessary repairs. Importantly, 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 auto repair shop, the first thing that you should do is attempt to negotiate a resolution with the person or shop that performed the work. The shop or mechanic may be able to provide a remedy to your issue.
If the mechanic or shop cannot remedy your issue, an auto repair lawyer can help you from that point. Once again, if you or passengers in your vehicle were personally injured as a result of a defective car repair, then you are entitled to file a civil lawsuit in order to recover damages for such negligent faulty repairs.
This is especially true if the defective car repair resulted in an automobile accident. A lawyer for car issues will be able to help you review the facts and circumstances of your specific case and help you determine your best course of legal action. An attorney can also help you negotiate with any insurance companies involved to reach a settlement regarding your issues.
What Documentation Do I Need When Dealing with a Defective Car Repair?
Most mechanic work performed in Kansas will be done in accordance with some form of a written contract executed between a consumer and a repair shop or mechanic. Maintaining proper documentation is important in being successful in a civil lawsuit based on a defective car repair, as such documentation will be used as evidence to support your claim.
Examples of documentation that you should always maintain in relation to a vehicle repair include:
- Receipts that evidence the date of work performed and the total cost of repairs paid for;
- Purchase and repair warranties provided by or communicated by the shop or individual mechanic;
- Any insurance documents related to the repair, such as payments made by your insurance company;
- Any communications between you and the shop, such as quotes or conversations related to the repair;
- Copies of any other documents or legal instruments relating to the repair, such as documentation regarding any parts used or labor that was performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for a defective car repair in Kansas, you must first identify the legal theory that you will base your civil lawsuit on. Common legal theories include negligence, strict liability, and contract law.
After you identify a legal theory, you must then identify the party that is responsible for your damages. You will then need to draft your civil lawsuit and file it in the proper venue. This is generally the district court in the county in which you live or the repairs were performed. However, small claims court is also common for defective car repairs.
Once your lawsuit has been filed and you have paid the filing fees, you must then serve the lawsuit on the opposing party. From there, the opposing party will have a period of time to file an answer to your lawsuit.
After the answer period has passed, your lawsuit will continue based on Kansas civil laws and procedures. A local attorney in Kansas will be familiar with this entire civil procedure process and will also 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 are experiencing issues related to a defective car repair in Kansas, it is in your best interests to consult with an experienced Kansas liability lawyer. An experienced liability lawyer will be able to help you determine your best course of legal action. LegalMatch can help you connect with the ideal lawyer for your situation.
An attorney will also be familiar with the proper civil process regarding drafting and serving your civil lawsuit on the responsible party. An attorney will also be able to help you negotiate a pre-court settlement in your case by negotiating with the shop, mechanic, or insurance company. Finally, an attorney will also be able to represent your interests in court, as needed.
