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| How much legal risk is there in fixing someone's brakes for them? (Page 1/2) |
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2.5
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AUG 05, 03:15 PM
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Being just a citizen, not a business, replacing their rotors and pads for them...
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LitebulbwithaFiero
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AUG 05, 03:18 PM
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2.5
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AUG 05, 03:21 PM
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| quote | Originally posted by LitebulbwithaFiero:
Are you ASE certified? |
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Nope. Just a car guy that fixes all his own stuff.
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2.5
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AUG 05, 03:27 PM
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Its sad to think about but I feel like this opens one up to legal risk? Just curious anyone's experiences or knowledge on it. [This message has been edited by 2.5 (edited 08-05-2021).]
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Jake_Dragon
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AUG 05, 03:58 PM
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LitebulbwithaFiero
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AUG 05, 04:17 PM
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My Automotive Engineering teacher warned us that if you are ASE certified or anything similiar, you are more likely to be held legally responsible for somethi g going wrong on the car.
Me, I do not like to take a car from someone and work on it. I like to "help them work on it." If this makes a legal difference, I wouldn't know. I am a machinist, not a lawyer.
Maybe Orge will chime in, this seems like a subject he would weigh in on.
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MidEngineManiac
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AUG 05, 04:41 PM
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IF something goes wrong and the brakes later fail, you could be held liable for the crash/damages as well as possibly criminal negligence for working on somebody else's car while not being a licensed mechanic (at least here). The criminal negligence crap has really gotten out of hand here the past few years.
Personally, I gave up helping people with car stuff YEARS ago. I got tired of changing somebodies headlight bulb then 6 months later they come back when the tranny blows trying to accuse me of doing something to it in order to get more money out of them. Took the attitude of "**** ya, fix it yourself"
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2.5
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AUG 05, 04:44 PM
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| quote | Originally posted by Jake_Dragon:
Are you getting paid? |
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Nope.
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82-T/A [At Work]
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AUG 05, 05:14 PM
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A civil law suit can be brought about for literally almost any reason, and by literally almost anyone. You wouldn't have broken any actual law, and you certainly cannot be charged by the state or municipality. If there is a death or a catastrophic failure of the brakes, and it can be determined that it was not malicious, then you aren't culpable.
I want to be clear, I am NOT a lawyer, though I am in the process of getting a law degree / Juris Doctor... but my focus is on cyber policy and law.
What I will say (in my NON authoritative opinion), is that as long as there isn't an expectation that the work being done is up to any kind of standard or guarantee, then the person whom you are helping, would be unlikely to have any kind of standing in the case. Any more than say if you helped to change a tire for someone stranded on the road, and they crashed a few days later. Again though, anyone can always sue for anything...
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randye
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AUG 05, 05:32 PM
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I would just add that state statutes will determine what constitutes standing in that particular state's courts. Those state statutes generally concern the requirement that a plaintiff has sustained or will sustain direct injury or harm and that the harm entitles him to bring the controversy before the court to obtain judicial relief.
Standing also entails bringing a cause of action (complaint), before the proper jurisdiction, (court).
Additionally, just like standing requirements, tort law / statutes also vary from state to state.
As for me; I don't work on ANYONE'S vehicles outside of my own family member's and I NEVER loan tools or equipment.[This message has been edited by randye (edited 08-05-2021).]
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