I had my brake pads changed. The mechanic who did the work claimed that he test drove my car. Unfortunately, when I was driving my car home, my brakes failed. I was able to use the parking brake to stop my vehicle but not before I was involved in a fender bender. Do I have a claim for the accident?
Yes, you may have a claim for the accident. Most people may associate the phrase “malpractice case” with a physician error causing damage to the patient. There are other types of malpractice. There are professional malpractice cases against engineers and architects for the collapse of a building or bridge. In this particular case, you are claiming the mechanic repairing your brakes did so negligently.
You must prove that your mechanic failed to use the skill and care used by other mechanics in the same community. See Reis v Volvo Cars of N America, 24 NY3d 35 (2014). In your particular case, I will assume you had your car towed to a different mechanic. That second mechanic who fixed your brakes can probably tell you exactly why the brakes failed on your car following the repairs of the first mechanic. The second mechanic could testify on your behalf about the skill and care used by mechanics in your area. The second mechanic might also tell you that the reason for your brake failure had nothing to do with the repairs the first mechanic performed. Your case would rest on the explanation of the second mechanic for the brake failure.
By James Santner, Esq.
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