A defective car repair occurs when a repair is completed poorly or with dangerous results. Importantly, if a repair is not properly completed on a consumer’s car, it can result in further damages or even injury to the driver and their passengers. This is because defective mechanic work can render a vehicle completely unsafe to drive.
Then, if the vehicle is unsafe to drive, driving the vehicle can then result in physical damages to the vehicle itself, the vehicle operator, or passengers in the vehicle. Additionally, making further repairs after a vehicle was driven in disrepair may then be difficult or impossible to perform.
When a person is physically injured as a result of a defective car repair, they may then be able to sue the responsible party based upon the legal theory of negligence in Texas. Further, there are many instances in which the driver may also hold the repair shop or repair person responsible for their injuries under strict liability.
Additionally, in the state of Texas, defective car repairs are governed by the Deceptive Trade Practices Consumer Protection Act (“DTPA”). It is important to note that although there are no specific laws that exclusively apply to auto repair shops, the DTPA provides what business practices are considered illegal for automobile repair shops.
Examples of common acts that may be considered to be illegal under the DTPA include:
- False or Misleading Statements: Under the DTPA, repair shops are prohibited from knowingly making false or misleading statements about the necessity for repair services, vehicle parts, or labor;
- Misrepresentation: Under the DTPA, it is illegal for a repair shop to claim that work has been performed or parts have been replaced when, in reality, that is not the truth;
- Goods Representation: Under the DTPA, repair shops are not allowed to represent parts or goods as original or new when they are actually second-hand parts or rebuilt parts;
- Misleading Advertisements: Under the DTPA, repair shops are also not allowed to advertise goods or services, such as specials or discounts on repair services, with the intent to not allow a consumer to utilize the special or discount.
In addition to all of the above illegal practices, repair shops may also be held liable for a defective car repair under the DTPA. Once again, a defective car repair is simply a repair that has been improperly performed on a vehicle. If any of the above acts or practices contributed to an individual’s injury then they may also bring a claim under the DTPA against the repair shop.
What Are Some Examples of Defective Car Repairs?
There are numerous different examples of what may constitute a defective car repair in Texas. Examples of common defective car repairs may include:
- Faulty mechanical work that results in further mechanical issues;
- Improper part replacement, such as using after-market or rebuilt parts that fail;
- Defective body repair work;
- Substandard repairs of cosmetic issues, such as failure to properly repair and replace a vehicle bumper or fender;
- Improper wiring that results in an electronic error or failure.
Once again, automobile repair shops and mechanics are held to specific industry standards regarding any repairs, upgrades, or adjustments made to a vehicle in Texas. In fact, Texas actually has Texas lemon laws administered by the Texas Department of Motor Vehicles (“DMV”) which are designed to help consumers who experience issues with a purchase or lease of a new motor vehicle in the state get their vehicle competently repaired under the original manufacturer’s warranty.
In order for consumers to protect themselves from experiencing issues related to a defective car repair, it is important to research the mechanic or repair shop they plan to use. For instance, you should always ask to see certificates, licenses, and/or business operating certificates prior to allowing a repair shop to undertake repairs.
This will ensure that the mechanic making the repairs is trained and capable of making such repairs. Further, it will also ensure that they are abiding by the laws of the state.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
As mentioned above, a defective car repair is simply a repair that has been improperly done on a vehicle as performed by a repair shop or mechanic. On the other hand, a defective product recall is different as it is a defect which is the result of the vehicle’s manufacturer.
A product recall serves the important function of notifying automobile consumers about dangerous defects regarding a product that they purchased. As a vehicle owner, if you receive a product recall notice, then you should immediately call a mechanic to schedule the repair that is listed in the notice. Importantly, this repair should be performed at no cost to you as the vehicle owner.
Examples of common issues that may be included in a defective product recall include:
- Brake and gas pedal defects, such as gas pedals getting stuck or jammed;
- Safety equipment defects, such as safety belt or airbag failure that results in injuries;
- Flaws within the cooling, fuel, or other exhaust systems;
- Misaligned steering mechanisms resulting in the vehicle not operating as intended;
- Structural problems with the vehicle, such as issues with the frame, body, transmission, or engine assembly; and
- Electrical or computer issues, such as defective key fobs or issues with the car warnings.
What Should I Do Regarding a Defective Car Repair?
If you are considering filing a defective car repair lawsuit, an auto repair lawyer can help. Once again, if you or passengers in your vehicle were injured as a result of a defective car repair, then it may be possible to recover damages for such negligent faulty repairs.
This is especially true if the faulty repair resulted in an automobile accident. A lawyer for car issues will be able to review the facts and circumstances of your case and help you determine who may be held responsible and what damages may be available in your specific case.
You may also hold a repair shop or mechanic liable under a contract. In Texas, almost all mechanic work is performed in accordance with a contract executed between the shop mechanic and the customer seeking repairs.
The contract will contain terms of payment, the length of time the repair is expected to take, and any other concerns prior to the mechanic beginning work. The contract may also specify remedies available under the contract, should a defective car repair occur.
What Documentation Do I Need When Dealing with a Defective Car Repair?
As mentioned above, most mechanic work in Texas is performed under some form of a written contract executed between a consumer and a repair shop or mechanic. As such, maintaining documentation is important in being successful in a civil lawsuit based on a defective car repair.
Examples of documentation that you should always keep in relation to the repair of a vehicle include:
- Repair receipts that show the date of work performed and the total cost of repair;
- Any purchase and repair warranties provided by the repair person or shop;
- Insurance documents related to the repair work;
- Copies of any written communications with the shop, such as quotes and conversations related to the work that was to be performed;
- Copies of any other documents or legal instruments relating to the repair, such as parts used, labor performed, and specific work that was performed.
How Do I Sue for Defective Car Repair Issues?
In order to sue for defective car repair issues in Texas, you must first identify what legal theory you will base your civil lawsuit on. Once again, a vehicle repair shop or mechanic may be held liable under a variety of different legal theories in Texas, including negligence, strict liability, and contract law.
After you identify your legal theory and the basis for your lawsuit, you must then identify the proper party that you are suing. After that, it is important to draft your lawsuit and file it in the proper venue.
Once your lawsuit has been filed, and your initial court fees have been paid, you must then serve the lawsuit on the opposing party. From there, the opposing party will have a period of time to answer your civil lawsuit and file a defense.
After that period of time, your lawsuit will continue based upon the civil laws and procedures for your jurisdiction and state law. A local attorney in Texas will be familiar with this entire process and will be able to provide you guidance and assistance.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you are having any issues related to a defective car repair, it is in your best interests to consult with an experienced Texas liability lawyer. An experienced liability lawyer will be able to help you understand if you have a valid case under the law, and who you may hold responsible for your personal injuries or property damage.
Additionally, an attorney will also be familiar with the proper civil procedure regarding how to properly draft and serve your civil lawsuit regarding the defective car repair. An attorney will also be able to represent your interests in court, as needed. LegalMatch can connect you with the right legal professional for your needs.
