Liability of the Repair Shop for Defective Repairs - Truck Accident Cases
Filing a Lawsuit against a Truck Repair Shop
If are planning to file a lawsuit against a truck repair shop for negligence, call us at 702-432-1000 to speak with a truck accident lawyer.
In Nevada, lawsuits against truck repair shops involve many parties and require a skillful attorney who knows local laws, local business practices and insurance claim procedures. The track owner whose truck or trailer is damaged or destroyed as a result of a repair’s negligence or defective repair is entitled to recover compensatory damages.
Proving Repair’s Negligence
If order to prove negligence and start legal action against a repair shop for defective repairs to a truck or trailer, the truck accident lawyer must show to the courts:
- The action of negligent repair
- The breach of the implied warranty of repair
When a truck repair shop failed or refused to meet its obligations under a contract or express warranty - the repairer is liable to pay for damages. In addition, fraud has also been recognized by the courts as a cause for a lawsuit against the truck repairer.
Duty of Care
A truck repair shop has a duty to exercise ordinary care and skill in repairing truck or trailer. If the repairer failed to repair a truck or trailer - the repairer failed to perform a duty of care and is liable for an accident that resulted from inoperative truck.
Note: The fact that the truck continued to have problems after being repaired is not enough to claim that negligence was involved and the track repairer is liable. However, if the brakes on a trailer were in inoperative the week after they had been repaired, the courts will recognize a repair as a negligence repair.
Some truck accident cases are settled before the trial and some are so complex that only the jury can decide if negligence was involved.
Negligence of Subcontractors
A truck repairer is not always equipped to perform an entire job on its own shop. Often, the repair shop will subcontract a portion of the work to others who are more specialized or hire independent contractors. As far as customer concern - even if the work was subcontracted to somebody else, the shop who took a job is liable.
In truck accident lawsuits, usually expert witnesses are hired by both plaintiff and defense attorneys. These experts must have skills and expertise of repairing trucks or a component part of a truck that average repairer doesn’t have. But what is the most important - it is not enough for the truck repair expert to know the customary way of doing things, because the customary way may be a negligent way.
Express warranty in truck repair cases is a written or verbal agreement provided by repair shops that guarantees the quality of material and workmanship. Under Nevada law, the express warranty is recognized by the courts as a contract between the customer and the service provider.
What Indeed Caused an Accident?
In lawsuits against a truck repairer shops, the negligent repair or breach of the implied warranty of repair is not enough to get compensated for damages. The courts also look into facts and circumstances surrounding the use and operation of a truck after the repairs were completed.
If your truck or trailer is damaged or even destroyed as a result of a repairer’s negligence, you may be eligible to get compensated for:
- Cost of original repair which proved to be faulty (refund).
- Cost of truck repair plus other incidental damages caused by the repairer’s neglect.
- Cost of truck replacement if your track was destroyed (up to original price of a truck).
- Loss of use. These damages are usually measured by the reasonable rental value of a vehicle of like kind.
- Loss of profits. The recovery of net amount of lost profits while a truck is down die to negligence.
- Expenses for drivers who are unable to work while the truck is being repaired.
Truck Accident Lawyer Can Help
Large truck accident cases often involve liability claims against the truck repair shops.
If you think that negligence was involved in repair of your truck or the truck that hit you, and, as a result, somebody was seriously injured, give us a call at 702-432-1000. Often on a phone we can tell you if you have a liability case and what to do next. Having evidence in a form of repair shop receipts, pictures of broken or destroyed truck or trailer, police report, images of the location where accident happened is important to have in order to win the case.
Initial consultation is always free.
The attorneys at Heshmati & Associates represent clients in Las Vegas and throughout the surrounding areas of Nevada.