Can I Sue a Mechanic or Auto Repair Shop for Negligence in OKC?
When something is wrong with your vehicle, you take it to your auto mechanic or repair shop as quickly as possible. You depend on them to inspect your vehicle, determine what is wrong, and fix it in a timely manner. However, if the auto mechanic or repair shop makes a mistake or fails to repair your vehicle properly, you may suffer a severe accident due to their negligence. If you ever find yourself in this type of situation, there is a possibility that you may be able to sue the mechanic or auto repair shop and hold them accountable for their harmful actions.
How do you sue an auto mechanic or repair shop for negligence in Oklahoma City?
In order to sue an auto mechanic or repair shop for negligence in Oklahoma City, you must be able to successfully prove that the mechanic or repair shop acted negligently in some way, which directly caused your accident and injuries. It is highly recommended to get in touch with a car accident attorney as soon as possible to begin discussing your claim, collecting evidence, and preparing to sue the auto mechanic or repair shop. Your attorney can help you prove that the auto mechanic or repair shop’s negligence led to your accident and injuries by proving these four important elements:
- Duty of care: You will need to prove that the mechanic or repair shop owed you a duty of care, which was to successfully repair your vehicle.
- Breach of duty: You must prove that the mechanic or repair shop breached their duty, which means that they made a mistake or error or failed to repair your vehicle at all. If the mechanical work was done poorly or incorrectly, this is also a breach of duty.
- Causation: Next, you must show that the mechanic or auto repair shop’s negligent behavior is directly connected to your accident. This means that the crash would have never occurred if the auto shop or mechanic did not act negligently when fixing your vehicle.
- Damages: Lastly, you will need to show proof of the damages you suffered due to the auto mechanic or repair shop’s actions. This may be medical bills, lost income, property damage, pain and suffering, and more.
Examples of how a mechanic or repair shop can be considered negligent
There are several different ways that a mechanic or repair shop can be considered negligent, including:
- Failure to properly inspect the vehicle: Every year, vehicle owners go to auto mechanics and repair shops for inspections. This ensures that their vehicles are in good working order and safe to operate on the roadway. However, if an auto mechanic does not inform you that your tires are damaged, your engine needs replaced, or that you need new brakes, they could be considered negligent and held liable for any accidents that occur due to these issues. This is because it is their responsibility to let their customers know after an inspection whether anything needs fixed or replaced to prevent accidents from occurring.
- Creating worse mechanical issues: If you take your vehicle to an auto repair shop or mechanic for repairs and they purposefully break other parts or create worse mechanical issues, they could be held liable for any accidents that result from this negligence. It is a mechanic’s duty to repair broken parts. However, if they break any other parts in the process, they should fix them before allowing you behind the wheel of the vehicle.
- Making mistakes or errors: Mechanics are humans like everyone else. Therefore, they are known to make mistakes and errors from time to time. However, they should re-check their work and ensure that any mistakes or errors they made are fixed. If the vehicle is returned even though it is not safe to drive, the mechanic can be considered negligent and held legally responsible for any accidents or injuries that occur.
- Failure to repair the vehicle at all: When you take your vehicle to an auto shop or mechanic, you trust and rely on them to make necessary repairs so you can get it back on the roadway. However, if a mechanic or auto shop never performed the necessary repairs but stated that they did, this is considered fraudulent mechanical work, which is negligence. If you are involved in a car accident after believing that your vehicle was repaired when it actually was not, there is a strong possibility that you can hold the auto shop or mechanic liable for their negligence.
Who else could be held responsible for my accident?
When an accident happens shortly after taking your vehicle to an auto shop or mechanic, it is easy to assume that the mechanic or auto shop is responsible. However, sometimes auto shops and mechanics do everything correctly to repair your vehicle, and an accident still occurs due to defective auto parts that the mechanic or auto shop knew nothing about. If this is the case for you, the manufacturer of the parts could be held responsible for your accident. Your car accident lawyer will investigate your accident and determine whether the mechanic or auto shop knew about the dangerous parts, whether there was a recall on the parts used, and whether another company sold the parts to the auto shop or mechanic. This can help establish who is responsible and who you can sue for your accident.
At Cunningham & Mears, our Oklahoma City car accident attorneys are dedicated to helping accident victims injured by another party’s negligence. Whether your accident was caused by another driver, an auto mechanic, repair shop, manufacturer, or anyone else, we know and understand how the process works and do everything we can to build a strong and convincing case against the at-fault parties. Please call our office or submit our contact form to schedule a free case review and start discussing with our team today. We look forward to speaking with you soon!
Ryan Y. Cunningham is a founding partner of Cunningham & Mears. Mr. Cunningham devotes his practice to protecting the rights of injured Oklahoma residents. In addition to assisting injured clients, Mr. Cunningham endeavors to improve personal injury representation by speaking on issues related to personal injury law to attorneys in continuing legal education courses and to law students. Learn More