Can I Sue A Mechanic Or Auto Repair Shop For Negligence In Nevada?

Understanding Mechanic Negligence Under Nevada Law

Mechanics have a legal duty to use reasonable care and skill when repairing a vehicle. Repairs must comply with the specifications of the car’s manufacturer. Failing to do this constitutes mechanic negligence in Nevada. This breach of duty can result in damages, creating grounds for a negligence claim.

Nevada’s customers who take their cars in for repair have several rights that must be observed. A mechanic who violates these legal standards can be held liable for their negligence. Also, a shop owner can face garage keep liability when their employee acts negligently.

Types Of Auto Repair Negligence Claims You Can File

Negligence Claims

The elements of negligence in Nevada include duty of care, breach of duty, causation, and damages. A mechanic has a duty of care to perform repairs with reasonable care and skill. An improper repair is a breach of duty of care. This mistake can then cause you to be involved in an accident that results in damages. Consequently, you can take action against the mechanic or auto repair shop.

When a mechanic repairs a car and a new part that’s guaranteed to work fails to perform as expected, resulting in other problems, this is a breach of warranty. You can sue a mechanic for such an issue. 

Product Liability Claims

If a product used in an auto repair is defective, causing an accident, a car owner can file a product liability claim against the manufacturer. This type of case uses the strict liability standard.

It’s also not uncommon for multiple parties to be held responsible in a case. For example, a failed brake repair liability case may involve different liable parties, including a mechanic/auto repair shop, auto parts manufacturer, or vehicle manufacturer.

Breach Of Contract And Warranty Claims

If a substandard auto repair case involves breach of warranty, false estimates, unauthorized repairs, and contract violations, an injured victim can file a breach of contract/warranty claim.

Proving Negligence Against A Mechanic Or Repair Shop

A duty of care, breach of duty, causation, and damages are the elements required to prove negligence against a mechanic or auto repair shop. By agreeing to perform repairs on a vehicle,  a mechanic owes the customer a duty of care. Offering substandard services is a breach of duty. 

If the breach directly caused an accident, the injured victim needs to show this. An expert testimony can be crucial in proving that the mechanic’s actions directly led to the accident and, in turn, the damages you incurred.

Nevada’s modified comparative negligence will apply to your case if the other side proves there was shared fault. You will be compensated based on your percentage of fault, as long as you are 50% or less at fault.

Common Types Of Accidents Caused By Improper Car Repair

The common scenarios caused by improper car repair include:

• Brake system failures, leading to rear-end collisions.
• Steering mechanism defects, causing loss of vehicle control.
• Tire and wheel installation errors, causing loss of control.
• Engine and transmission repair mistakes, resulting in a sudden loss of power.
• Electrical system failures, affecting safety features.
• Improper recall repair completion.
• Fuel system errors, causing fires.

These repair mistakes can cause a single or multi-vehicle accident, injuring the driver, passengers, and other drivers on Nevada roads.

Is A Mechanic Liable For Damages From Repairs? Examples Of Negligent Auto Repairs

 A mechanic can be held liable for damages resulting from a negligent auto repair, such as:

• Failed brake replacement.
• Improper tire installation.
• Defective parts installation.
• Inadequate safety inspections.
• Skipped necessary repairs while charging for services.
• Using substandard parts without notice.
• Improper fluid levels.
• Failing to identify obvious safety issues during routine maintenance.
• Failing to complete a repair.

What Damages Can You Claim In A Negligent Auto Repair Lawsuit? 

Nevada law allows injured victims in negligence cases to recover direct financial losses (economic damages) and non-tangible harms (non-economic damages). Examples of the economic damages you can claim are medical bills, lost wages and future income loss, property damage to your vehicle and other belongings, and rental car expenses. 

Examples of the non-economic damages you can recover include pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement. If your case involves gross negligence or fraud, you can possibly claim punitive damages.

Who Can Be Held Responsible Besides The Mechanic?

When a mechanic (an employee) acts negligently within the scope of their employment, the shop owner (the employer) can be responsible for their employee’s negligence. This legal principle is called vicarious liability.

Other potential liable parties besides the mechanic are an auto parts manufacturer, if defective parts were installed, the vehicle manufacturer for design defects, and franchise operators, under certain circumstances. 

Nevada’s Comparative Negligence Rule In Auto Repair Cases

You can recover compensation in an auto repair negligence claim, even if you were partially at fault, if your percentage of fault is 50% or less. Your final award in the settlement or lawsuit outcome will be reduced by your percentage of fault.

How To File A Negligent Auto Repair Lawsuit In Nevada

Here is the process to follow:

• Gather evidence and documents.
• Obtain an independent vehicle inspection.
• Calculate damages.
• File a notice with the repair shop, if required.
• Attempt settlement negotiations.
• File a lawsuit in the appropriate court (Small claims court if your damages are $10,000 or less, and civil court when claiming significant damages.).
• Take part in the discovery process.
• Go to trial, when needed.

Note that there are statute of limitations deadlines for taking legal action. Thus, you need to avoid delays to protect your rights.

Be sure to check out our guide to reporting car accidents to insurance companies. You can also benefit from the guide if you are asking yourself, “Is Nevada a no-fault state?”

What Evidence Do You Need For A Negligent Repair Claim?

The essential documentation and proof needed are:

• Original repair estimate and invoice.
• Receipts for services paid.
• Before and after repair photos.
• Independent mechanic inspection report.
• Accident report, if a crash occurred.
• Medical records for any injuries.
• Witness statements.
• Service records and maintenance history.
• Correspondence with the repair shop.
• Other documents proving the repair shop’s negligence.

Immediately after discovering faulty repairs or suffering an accident, take photos and videos capturing images from different angles. Additionally, use your phone’s video recorder to note details and safely keep damaged parts and personal belongings.

Statute Of Limitations For Auto Repair Negligence In Nevada

The auto accident statute of limitations in Nevada is generally two years. Promptly taking legal action allows you to preserve critical evidence and protects your rights to compensation.

Why You Need A Las Vegas Auto Repair Negligence Lawyer

Working with a Las Vegas auto repair negligence lawyer helps you navigate complex legal and insurance processes. The experienced attorneys at Adam S. Kutner, Injury Attorneys, are dedicated to helping injured victims receive the compensation they deserve. Our firm has been doing this for over 34 years.

We have a no-fee-unless-we-win policy, which allows every injured victim to fight for their rights against insurance companies and repair shops. Moreover, dealing with negligence claims requires legal expertise to prove liability and receive fair compensation. We are experts in Nevada law and have a track record of maximum settlement recoveries.

Our law firm is available 24/7 to offer personalized client care.

Conclusion

Nevada law provides legal options for victims of negligent auto repairs. Contact Adam S. Kutner, Injury Attorneys, for a free case evaluation. We will fight for your rights, helping you secure compensation for injuries and damages.

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