Navigating Legal Action After Brake Failure

Recently, you had new brakes installed on your car at a local shop. However, a couple of days later, you experienced a brake failure while driving on a main highway. Should you take legal action against the shop, and if so, how would you proceed? This article will guide you through this complex situation and help you make informed decisions.

Immediate Safety Measures

First and foremost, it is crucial to prioritize safety. If you experience brake failure, your primary goal should be to safely bring your vehicle to a stop. Here is a safe procedure:

Gear down to a lower gear to slow the vehicle. Use the parking brake to bring the vehicle to a complete stop. Call for roadside assistance to tow your car to the shop. Do not drive your car to the shop. Stay in your car and call the shop immediately to inform them of the situation. Once at the shop, the service manager should investigate the issue. Make sure to stay on-site and observe the investigation if possible.

Understanding Your Rights and Responsibilities

When you sign a repair order, you sign up for the shop's services, which includes guaranteeing that they will solve any issues that arise. Here are some considerations when dealing with a failed brake installation:

Was the Brake Failure Related to Their Work?

If your brake failure is related to any parts or workmanship provided by the shop, you can refer to their guarantee. If the issue lies with an untouched subsystem, it might not be their responsibility. However, if they did not service something they were supposed to, you will need to work with them to reach a resolution. Here are some questions to consider:

Does the service manual call for work they failed to do? Did they only change pads? Could they have serviced it, but didn't, or is there a part that leaks or bypasses internally?

What If the Failure Is Not Their Work?

If the failure is not related to their work, and you wish to take legal action, you need to understand why. You should continue to address the new symptom and work with the shop to resolve it. If they correct the issue and solve the problem, your legal standing will be stronger. Your evidence can come from:

Your vehicle's condition before and after the incident. Your driving circumstances and behavior at the time of the incident.

Do not immediately seek legal action if it can be resolved by the shop. If they fail to address the problem, you may consider taking legal action, but this is a last resort. Lawyers are expensive, and contested cases can drain your finances and time.

Understanding Wear and Tear

Remember that all car parts wear over time. New brakes, like any other component, will inevitably wear out. Other factors can also contribute to the failure, such as fluid degradation, hydraulic piston wear, and bearing issues. Whether a new part needs to be installed or if it is part of their work, you need to work this out with the shop.

What If the Shop Refuses to Fix the Issue?

In some cases, the shop may refuse to fix the issue, or they may disagree on the source of the problem. At this point, you can file a lawsuit to present your evidence to a judge. Here are some considerations:

A new master cylinder typically costs around $80. If they did not damage it, what is the wisest course of action? If they find a leak at a banjo fitting and are able to fix it, what is the next step?

The goal is to have the shop address the issue and demonstrate their willingness to repair it. This can strengthen your case and reduce the likelihood of a prolonged and costly legal dispute.

Conclusion

Dealing with a brake failure is a stressful situation, but taking the right steps can help you navigate this issue more effectively. Work with the shop to resolve any issues, and if necessary, consider legal action. However, be mindful of the costs and potential outcomes before taking such steps.