Negligent Repair of Tennessee Motor Vehicles and Liability Issues
While a majority of motor vehicle accidents in Tennessee are caused by driver error, a sizable number of these accidents occur as a result of a mechanic’s negligent repair or inspection of the vehicle. If a mechanic failed to repair or inspect your vehicle and that failure contributed to a motor vehicle accident, he or she may be liable in tort for any personal injuries resulting from the mechanic’s negligence.
In an action for negligent repair in relation to an issue of product liability in Tennessee, 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.
A duty to exercise ordinary and reasonable care typically arises when the defendant mechanic or shop agrees to fix the vehicle. Reasonable and ordinary care and skill is that degree of care and skill normally possessed and exercised by persons in the business of making repairs to motor vehicles. In some circumstances, a mechanic’s duty to the customer is higher where the risks associated with failure to repair are high, such as with brake or wheel work, or where the work is covered under warranty.
Once the duty to exercise ordinary and reasonable care is established, the plaintiff must next prove that the defendant failed to meet the standard. Whether the defendant failed to meet that standard will depend on the particular facts of the case, including the nature of the repairs, what the defendant did or failed to do, and the result.
Lastly, the plaintiff must prove that the negligent repair or inspection caused or substantially contributed to the accident. It is not necessary, however, for the plaintiff to prove that the defendant's negligence was the sole cause of the injury or loss.
If your automobile was serviced just prior to a Tennessee motor vehicle accident, the mechanic or repair shop may be liable to you for the property damages and personal injuries you sustained. The skilled Pigeon Forge personal injury attorneys at Baker Associates can help; call 866-853-2888 today for a free consultation.
