Auto Shop Liability From Accidents Due to Negligent, Inadequate Repairs or Modifications
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, July 28, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will discuss mechanics and repair shop liability for repairs that allegedly cause or contribute to car or truck accidents and severe and permanent injuries. The program will review the relevant standards of care, preservation of evidence, overcoming recurring defenses, the role of "garage insurance," and best options for resolving these claims. The program will also explore defendants' contentions that insurers often only authorize only the cheapest fix regardless of safety.
Mr. Delaney practices law in a variety of areas such as product liability, premises liability, and dram shop liability.
Mr. Emison's practice focuses almost exclusively on catastrophic injury and death cases, as well as class action and other complex tort cases, including automobile defects, railroad crossing accidents, trucking accidents, dangerous or defective drugs, and a variety of other cases.
A Fellow in the International Academy of Trial Lawyers and a frequent lecturer to bar associations and trial lawyer groups nationwide, Mr. Emison devotes his practice to litigation in product liability, motor vehicle accidents, and other cases involving personal injury and wrongful death. In that role he has served as lead trial counsel in numerous multi-million dollar verdicts and settlements and has handled cases all across the U.S.
Car and truck mechanics are responsible for ensuring that repairs are performed properly and that the repairs have been conducted in line with the current standards. Defendants will often blame the owner or driver of the vehicle, however.
Should the mechanic or repair shop fail to make proper repairs, resulting in injuries, then the mechanic may well be liable alone or jointly with others for the loss: that someone may be the plaintiff's insurer. Repair shops often assert that the insurer for the plaintiff pressured them to use the cheapest fix possible--despite knowing that it might not be safe.
However, the mechanic cannot be held liable for everything that could be wrong, nor for the driver's own negligence. To determine if negligent repairs caused the accident, vehicle examination by other mechanics may be necessary. Counsel will need to act swiftly to preserve evidence.
Listen to our experienced panel discusses these complex cases involving mechanics' and repair shop liability for repairs that allegedly cause or contribute to car or truck accidents.
- Identifying Repair and Modification Claims
- Initial investigation
- Preserving the evidence
- Expert inspections
- Data Downloads and preservation
- When and Where to file suit
- Anticipated Defenses
- Discovery practice tips
- Strategies for settling claims
- Trial preparation
- Heavy Truck Repairs
- Defective Brake Maintenance and Repairs
- Defective Airbag Repairs
- Wheel Bearing Failures
- Wheel Separation Failures
- Auto modification and Aftermarket Claims
- Negligent Tire Repairs
- Claims for selling recalled vehicles with dangerous defects
The panel will review these and other pivotal questions:
- What are the differences between negligent repair and negligent maintenance cases?
- What are best strategies to demonstrate (or disprove) an insurer's undue influence on mechanics?
- What is the proper standard of care for repairs?
- What kinds of experts are needed?
- How can hearsay problems be overcome if the person who authorized repairs is subsequently not available for trial?
