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Auto Shop Liability From Accidents Due to Negligent, Inadequate Repairs or Modifications

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 28, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss mechanics and repair shop liability for repairs that allegedly cause or contribute to car or truck accidents and severe and permanent injuries. The program will review the relevant standards of care, preservation of evidence, overcoming recurring defenses, the role of "garage insurance," and best options for resolving these claims. The program will also explore defendants' contentions that insurers often only authorize only the cheapest fix regardless of safety.

Description

Car and truck mechanics are responsible for ensuring that repairs are performed properly and that the repairs have been conducted in line with the current standards. Defendants will often blame the owner or driver of the vehicle, however.

Should the mechanic or repair shop fail to make proper repairs, resulting in injuries, then the mechanic may well be liable alone or jointly with others for the loss: that someone may be the plaintiff's insurer. Repair shops often assert that the insurer for the plaintiff pressured them to use the cheapest fix possible--despite knowing that it might not be safe.

However, the mechanic cannot be held liable for everything that could be wrong, nor for the driver's own negligence. To determine if negligent repairs caused the accident, vehicle examination by other mechanics may be necessary. Counsel will need to act swiftly to preserve evidence.

Listen to our experienced panel discusses these complex cases involving mechanics' and repair shop liability for repairs that allegedly cause or contribute to car or truck accidents.

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Outline

  1. Identifying Repair and Modification Claims
    1. Initial investigation
    2. Preserving the evidence
    3. Expert inspections
    4. Data Downloads and preservation
    5. When and Where to file suit
    6. Anticipated Defenses
    7. Discovery practice tips
    8. Strategies for settling claims
    9. Trial preparation
  2. Heavy Truck Repairs
    1. Defective Brake Maintenance and Repairs
    2. Defective Airbag Repairs
    3. Wheel Bearing Failures
  3. Wheel Separation Failures
  4. Auto modification and Aftermarket Claims
  5. Negligent Tire Repairs
  6. Claims for selling recalled vehicles with dangerous defects

Benefits

The panel will review these and other pivotal questions:

  • What are the differences between negligent repair and negligent maintenance cases?
  • What are best strategies to demonstrate (or disprove) an insurer's undue influence on mechanics?
  • What is the proper standard of care for repairs?
  • What kinds of experts are needed?
  • How can hearsay problems be overcome if the person who authorized repairs is subsequently not available for trial?

Faculty

Emison, Brett
Brett A. Emison
Partner
Langdon & Emison

Mr. Emison's practice focuses almost exclusively on catastrophic injury and death cases, as well as class action...  |  Read More

Emison, J. Kent
J. Kent Emison
Partner
Langdon & Emison

A Fellow in the International Academy of Trial Lawyers and a frequent lecturer to bar associations and trial lawyer...  |  Read More

Delaney, Brennan
Brennan Delaney
Partner
Langdon & Emison

Mr. Delaney practices law in a variety of areas such as product liability, premises liability, and dram shop...  |  Read More

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