* Breach of Contract: If the shop entered into a contract (written or implied) to perform a specific repair and failed to do so properly, they are liable. This includes failing to complete the repair as agreed, using substandard parts, or failing to properly diagnose the problem.
* Negligence: Even without a formal contract, a repair shop owes a duty of reasonable care to its customers. Negligence occurs when the shop fails to exercise the skill and care a reasonably competent professional in that field would have exercised, resulting in damage or harm. This includes misdiagnosis, improper repair techniques, or using faulty parts.
* Warranty: Many repairs come with an implied warranty of merchantability (the repair will be fit for its intended purpose) and/or an express warranty (a specific guarantee made by the shop, either verbally or in writing). If the repair fails to meet the terms of the warranty, the shop is responsible.
* Proximate Cause: The shop's negligence or breach of contract must be the direct and foreseeable cause of the damage. If other factors contributed to the problem independently of the repair shop's actions, their liability might be reduced or eliminated.
* Statute of Limitations: There's a time limit to file a claim against a repair shop for defective work. This varies by state and the type of claim (contractual or negligence).
What constitutes defective repair? This can encompass a wide range of issues, including:
* The problem wasn't fixed: The original issue persists or returns quickly after the repair.
* New problems were created: The repair caused damage to other parts of the vehicle.
* Substandard parts were used: The shop used inferior parts that failed prematurely.
* Improper workmanship: The repair wasn't done correctly, leading to failure.
* Failure to disclose issues: The shop failed to inform the customer of problems discovered during the repair process.
In short, if the repair shop's actions (or lack thereof) directly led to a failure that wouldn't have otherwise occurred, they are likely responsible for rectifying the situation. If you believe you have a claim against an auto repair shop, it is advisable to consult with an attorney to discuss your specific situation and legal options.
