A defective car repair refers simply to a repair that was completed incorrectly by a mechanic or auto shop. In general, a defective car repair results in a dangerous defect to the vehicle. In other words, if a repair is not completed correctly 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.
Ultimately, defective mechanic work can render a vehicle unsafe to drive. Then, if a vehicle is unsafe to drive, continuing to drive the vehicle may result in either further damages to the vehicle itself or personal injuries to the vehicle operator, passengers, or to other motor vehicle operators.
In Mississippi, when a person suffers an injury as a result of a defective car repair, they have the legal right to sue the party responsible for their damages based upon the legal theory of negligence. Further, the vehicle owner may also hold the auto shop or mechanic responsible for injuries under the theory of strict liability or contract law.
In Mississippi, both the Mississippi Consumer Protection Act and the Mississippi Lemon Law provide legal protections for consumers with defective vehicles or individuals who receive defective car repairs.
The Mississippi Consumer Act provides that persons who buy a used car with a defect that substantially impairs its use, value, or safety, may be entitled to a refund, replacement, or repair. It is important to note that the defect must have been present at the time of purchase and not caused by misuse or neglect.
The Mississippi Lemon Law provides that if a vehicle has had three unsuccessful repair attempts for the same defect or has been out of service for 15 days due to repair attempts within the shorter of 1 year from purchase or the warranty period, then the manufacturer has the responsibility to repurchase the vehicle or replace it with a comparable vehicle.
Further, in addition to all of the above protections provided to Mississippi vehicle consumers, auto repair shops may also be held liable for a defective car repair under the Mississippi deceptive trade practice laws found in Title 75, Chapter 24 of the Mississippi Code.
What Are Some Examples of Defective Car Repairs?
There are many different examples of defective car repair in Mississippi. For instance, one common defective car repair involves faulty mechanical work that results in further mechanical issues. Further, using aftermarket or repaired parts that later fail is also considered to be a defective repair.
Once again, automobile repair shops and mechanics are held to specific industry standards regarding any repairs or adjustments that are made to vehicles in Mississippi. Once again, Mississippi even has lemon laws that are designed to help vehicle consumers who experience any issues with the purchase, lease, or repair of their vehicle in the state. As such, it is important that repairs be done properly.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
As mentioned above, a defective car repair refers to any repair that has been improperly done on a vehicle by a repair shop or mechanic. On the other hand, a defective product recall deals with a defect that resulted from the vehicle’s manufacturer. In other words, the vehicle’s design or original assembly was defective.
A defective product recall serves the important function of notifying vehicle consumers about dangerous defects in their vehicles. As such, if you receive a product recall notice, you should immediately contact a local mechanic or dealership to schedule the repairs listed in the notice in order to lessen your risk of complications or injury.
What Should I Do Regarding a Defective Car Repair?
If you are dealing with a defective car repair, the first thing that you should do is contact the repair shop or mechanic that performed the repair. They may be able to remedy their error at no cost to you. However, if they do not, then you may be entitled to file a defective car lawsuit against them.
A lawyer for car issues will be able to help you review the facts and circumstances of your case and help you determine if the shop or mechanic may be held responsible and what damages may be available in your case. Additionally, if the defective repairs resulted in a car accident, they can also assist you in filing a lawsuit and dealing with all the other parties involved. Generally, personal injuries will require the filing of a civil lawsuit against the responsible party.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When dealing with a defective car repair, maintaining proper documentation is important in order to be able to hold an auto repair shop or mechanic liable for the defective repairs. It is important to note that most mechanic work in Mississippi is performed under some form of a written contract executed between a consumer and the repair shop or mechanic.
That contract is generally the most important piece of evidence in a defective repair case. This is because the contract executed between yourself and the mechanic or the auto repair shop will contain a variety of useful information needed in a lawsuit, such as quotes, money that was exchanged, parts that were to be used, warranties, and the repairs and labor that were to be performed.
In addition to the service contract, you should also maintain any insurance documents related to the repair work and copies of any written communications with the shop, such as quotes and conversations related to the work that was to be performed.
How Do I Sue for Defective Car Repair Issues?
In order for you to sue for defective car repair in Mississippi, you must first identify what legal theory you will base your civil lawsuit on. In general negligence, strict liability, and contract law are all common legal theories for defective car repair issues.
After you identify the legal theory, you must then determine who you will be suing. In general this will be the mechanic that performed the repair work and/or the shop that they worked for. Next, you will then need to actually draft your lawsuit and file it in the appropriate venue and pay the appropriate fees.
Once your lawsuit has been filed, you will also need to serve the civil lawsuit on the opposing party. After that, the opposing party will have a period of time to answer your civil lawsuit and file a defense.
After the answer period for the defense has passed, your lawsuit will then proceed based on the civil laws and procedures for your jurisdiction and Mississippi state law. A local attorney in Mississippi 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 Mississippi?
The process for suing a mechanic is similar to suing a mechanic shop in Mississippi. However, if an 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 Mississippi law provides that an employer may be held liable for negligent acts committed by its employees while they were within the “course and scope” of their employment. This includes a mechanic performing defective car repairs.
The repair shop may carry liability insurance that may be available to cover the costs of your injuries or further required repairs on your vehicle. In contrast, an individual mechanic 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 defective car repairs, it is in your best interests to consult with an experienced Mississippi liability lawyer. LegalMatch can connect you with the ideal lawyer for your particular circumstances. An experienced liability lawyer will be able to help you determine the best course of legal action and who you can hold responsible.
Additionally, an auto repair lawyer will also be familiar with the proper civil procedure in Mississippi regarding how to properly draft and serve your civil lawsuit. An attorney will also be able to negotiate a resolution outside of court with the opposing party or their insurance company, if possible. Finally, if settlement is not an option, an attorney will also be able to represent your interests in court, as needed.
