In simple terms, a defective car repair is a repair that is completed poorly, improperly, or results in an otherwise dangerous defect. Importantly, if a repair is not properly completed on a vehicle, it can result in further damage to that vehicle or even injury to the driver, their passengers, or other drivers on the road. This is because defective mechanic work can ultimately render a vehicle unsafe to drive.
If a vehicle is unsafe to drive, driving the vehicle may result in further damages to the vehicle itself, personal injuries to the vehicle operator, personal injuries to passengers in the vehicle, or injuries to other motor vehicle operators. Additionally, making further repairs after a vehicle was driven in disrepair may be difficult or impossible to perform. This often results in a vehicle being totaled.
In Louisiana, when a person is physically injured as a result of a defective car repair, they have the right to sue the party responsible for their damages based upon the legal theory of negligence. Further, there are many instances in which the driver may also hold the repair shop or repair person responsible for any injuries under the theory of strict liability.
In Louisiana, both the Motor Vehicle Repair Act and the Louisiana Lemon Law provide legal protections for consumers with defective vehicles or individuals who receive car repairs. The Motor Vehicle Repair Act requires mechanical repair shops to provide consumers with an itemized bill indicating repairs, parts replaced, total labor charges, and the identity of the mechanic or repairman.
All of that is meant to ensure complete transparency when repair work is done. This allows a consumer to be able to identify the party responsible for a defective car repair, should that issue later arise.
The Louisiana Lemon Law provides that a vehicle is considered a lemon if it has a defect that significantly impairs its use or market value. The law further provides that if a vehicle qualifies as a lemon, the manufacturer or authorized dealer must either repair or replace the vehicle promptly.
In fact, after 4 repair attempts have been made or if the vehicle has been inoperable for 45 days due to repairs, the vehicle must be replaced or refunded. In addition to all of the above protections, repair shops may also be held liable for a defective car repair under the Louisiana Unfair Trade Practices Act (“LUTPA”).
What Are Some Examples of Defective Car Repairs?
There are many different examples as to what may qualify as a defective car repair in Louisiana. Examples of common defective car repairs include:
- Faulty mechanical work resulting in further mechanical issues;
- Improper replacement of parts, such as using a faulty part;
- Defective body repair work that necessitates further work to be performed;
- Substandard repairs of cosmetic issues;
- Improper wiring that results in a vehicle computer or other electronic error or failure.
Once again, automobile repair shops and mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle in Louisiana. Once again, Louisiana even has lemon laws that are designed to help consumers who experience issues with the purchase or lease of a new motor vehicle in the state get their vehicle repaired under the original manufacturer’s warranty at no cost.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
Defective car repairs and product recalls are not the same thing. A defective car repair is simply a repair that has been improperly done on a vehicle by a repair shop or mechanic. On the other hand, a defective product recall is a defect resulting from the vehicle’s manufacturer.
A defective product recall serves the important function of notifying automobile consumers about dangerous defects in their vehicles. As a vehicle owner, if you receive a product recall notice, you should immediately contact a local mechanic or dealership to schedule the repairs listed in the notice.
What Should I Do Regarding a Defective Car Repair?
If you are considering filing a defective car repair lawsuit in Louisiana, an auto repair lawyer can help. This is especially true if you or the passengers in your vehicle were injured as a result of a defective car repair.
A lawyer for car issues will be able to review the facts and circumstances of your case and help you determine who may be held responsible and what damages may be available in your case. Additionally, if the defect results in a car accident, they can also assist in dealing with the other involved party.
Once again, in Louisiana, almost all mechanic work is performed in accordance to a contract executed between the shop mechanic and the customer seeking repairs. This is due to the Act mentioned above requiring certain documentation to be provided. As such, you should always maintain such documentation if you file a suit, as it may be introduced later as evidence.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When dealing with a defective car repair, having proper documentation is important in order to be able to hold a repair shop or mechanic liable for the defect. As mentioned above, most mechanic work in Louisiana is performed under some form of a written contract executed between a consumer and the repair shop or mechanic.
Examples of documentation that you should always keep in relation to the defective repair of a vehicle include:
- Any contracts executed between you and the shop or mechanic;
- Any and all repair receipts that evidence the date work was performed and the total cost of the repair;
- Any purchase and repair warranties provided or communicated by the repair person or shop;
- Any insurance documents related to the repair work;
- Copies of any written communications with the shop, such as quotes and conversations related to the work that was to be performed;
- Copies of any other documents or legal instruments relating to the repair, such as parts that were used or labor that was performed.
How to File Complaint Against Auto Repair Shop in Louisiana?
In order to sue for defective car repair in Louisiana, you must first identify what legal theory you will base your civil lawsuit on. Once again, repair shops or mechanics may be held liable under a variety of different legal theories in Louisiana, including negligence, strict liability, and contract law.
After you identify your legal theory, you must then determine the proper party that you are suing. In most cases this will be the repair shop where the repair work was completed. After that, it is important to draft your lawsuit and file it in the proper venue.
Once your lawsuit has been filed, you must then serve a civil lawsuit against the opposing party. After that, the opposing party will have a period of time to answer your civil lawsuit and file a defense.
After a period of time, your lawsuit will then continue based upon the civil laws and procedures for your jurisdiction and state law. A local attorney in Louisiana will be familiar with this entire process and will be able to provide you guidance and assistance.
Can You Sue a Mechanic in Louisiana?
Similar to suing a mechanic shop in Louisiana, individual mechanics may also be held liable for defective car repairs. In fact, 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. This is because Louisiana 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 performing vehicle repairs.
The repair shop may carry liability insurance that can be used to cover the costs of your injuries or further required repairs. In contrast, 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, it is in your best interests to consult with an experienced Louisiana liability lawyer. An experienced liability lawyer will be able to help you determine your best course of legal action. LegalMatch can match you with the right lawyer for your specific needs.
Additionally, an attorney will also be familiar with the proper civil procedure regarding how to properly draft and serve your civil lawsuit regarding the defective car repair. They will also be able to negotiate a resolution outside of court with the opposing party or their insurance company. Finally, an attorney will also be able to represent your interests in court, as needed.
