Posted On: May 5, 2009 by

Negligent Auto Repair and Liability

The Tennessee Injury Lawyer Blog has posted an article with suggestions on how to go about proving a negligent auto repair is to blame for an accident.

The majority of accidents are due to driver error but some are caused by faulty repairs. If the mechanic's failure caused the accident, they can be held liable for sustained injuries.

In an action for negligent repair, the plaintiff must plead and prove 1) the mechanic had a duty to the plaintiff to exercise ordinary and reasonable care, 2) the mechanic was negligent in making the repairs, and 3) the negligence caused the injuries to the plaintiff.

The plaintiff must show that the mechanic didn't meet the standard for the thorough repair of their automobile. The type of repair is also important. For instance, the mechanic should always be more careful when working on something like "brakes or wheel work."

The plaintiff has to prove that the bad repair was either the cause of, or was a large contributor, to the wreck.

It is not necessary, however, for the plaintiff to prove that the defendant's negligence was the sole cause of the injury or loss.