Liability of the Repair Shop for Defective Repairs - Truck Accident Cases
Filing a lawsuit against a truck repair shop
If you 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
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. Also, 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 must exercise ordinary care and skill in repairing trucks or trailers. If the repairer failed to fix a truck or trailer - the repairer failed to perform a duty of care and is liable for an accident that resulted from the inoperative vehicle.
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 in its 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 outsourced to somebody else, the shop who took a job is liable.
Expert witnesses
In truck accident lawsuits, usually, expert witnesses are hired by both plaintiff and defense attorneys. These experts must have skills and expertise in repairing trucks or a 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 usual way may be a negligent way.
Express warranty
Express warranty in truck repair cases is a written or verbal agreement provided by repair shops that guarantee 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 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.
Monetary compensations
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:
- The cost of the original repair proved to be faulty (refund).
- The cost of truck repair plus other incidental damages caused by the repairer's neglect.
- The cost of truck replacement if your track was destroyed (up to the 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 the net amount of lost earnings while a truck is down due to negligence.
- Expenses for drivers who are unable to work while the truck is being repaired.
A truck accident lawyer can help
Large truck accident cases often involve liability claims against truck repair shops.
If you think that negligence was involved in the 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 the phone, we can tell you if you have a liability case and what to do next. The evidence - repair shop receipts, pictures of a broken or destroyed truck or trailer, police report, images of the location where the accident happened - is essential to have to win the case.
The initial consultation is always free.
The attorneys at Heshmati & Associates represent clients in Las Vegas and throughout the surrounding areas of Nevada.
