The Laws on Defective Auto Repairs in Louisiana:
In basic terms, a faulty car repair is a repair that is completed poorly, improperly, and/or results in an otherwise dangerous defect. Importantly, if a repair is not properly completed on a vehicle, it can cause further damage to the vehicle or even injury to the driver, their passengers, or others on the road. This is because faulty workmanship by a mechanic can result in a vehicle being unsafe to drive.
In Louisiana, when a person incurs further damage to the vehicle, or is physically injured as a result of a defective car repair, they have the right to sue the party responsible for their damages based upon the legal theory of negligence. Further, there are several instances in which the driver may also hold the repair shop or repair person responsible for any injuries under the theory of strict liability.
In Louisiana, under the Motor Vehicle Repair Act and under Louisiana Law, Louisiana drivers are provided with legal protections for defective vehicles or individuals who receive car repairs. The Motor Vehicle Repair Act requires mechanical repair shops to provide consumers with the following: (1) an itemized bill indicating repairs, (2) parts replaced, (3) total labor charges, and (4) the identity of the mechanic or repairman.
Under Louisiana “Lemon Law,” a vehicle is considered a lemon if it has a defect that significantly impairs its use or market value. The law further provides that if a vehicle qualifies as a lemon, the manufacturer or authorized dealer must either repair or replace the vehicle promptly. Additionally, after 4 repair attempts have been made or if the vehicle has been inoperable for 45 days due to repairs, the vehicle must be replaced or refunded. In addition to all of the above protections, repair shops may also be held liable for faulty car repair under the Louisiana Unfair Trade Practices Act (“LUTPA”).
Mechanics and their Duty of Care
When you engage with certain professionals, (e.g., doctors or accountants), the professional owes you a certain “duty of care.” The duty is typically to perform their services at least as well as a reasonable professional would under the given circumstances. When the professional breaches that duty of care, and you are harmed as a result, you can hold that professional liable for the damage they caused.
The same principle applies to auto repairs. You trust mechanics with your vehicle and with the safety of yourself and anyone else who gets into your car. If they perform their job poorly (e.g., failing to notice an obvious problem, failing to conduct a proper inspection, failing to remedy a problem they do notice, messing up a repair and leaving your car broken), they are breaching their duty of care. Depending upon the circumstances, you may be able to hold them liable for harms you suffer as a result.
How to Prove a Negligence Claim Against a Mechanic
In any negligence claim for personal injury, you need to establish certain legal “elements” in order to successfully bring your claim. The four elements of a negligence claim are duty, breach, causation, and harm.
Like many professionals, mechanics must use reasonable care in working on your vehicle and cannot send you onto the road in a dangerous car that would have been detected and/or repaired by a reasonable mechanic in a similar situation.
For example, if you take your car into a repair shop as a result of a noise, if the mechanic fails to notice or fails to alert you about an obvious problem with your brakes, the mechanic has likely acted negligently and breached their duty owed to you. If you wind up in an accident because your brakes failed, you could hold the mechanic liable for any injuries and other damages you suffer as a result.
You may also hold the repair shop liable, as employers are responsible for the conduct of their employees through the legal doctrine of “respondeat superior.”
Advice and Representation for Your Louisiana Car Crash Injury Claim
If you or someone you know has been seriously injured in a Louisiana traffic accident, find out if you’re entitled to monetary damages for your injuries by contacting the ambitious Louisiana lawyer, Leon Roy IV for a free consultation at 504-521-4814.