If injured to due a faulty car repair is the repair shop responsible?
Question Details: The rubber brake pad cover came off after being repaired a few months previously. This caused bare metal brake and my foot slipped on gas and I hit a tree. The air bags didn't deploy either. I had to have 2 surgeries and spent 6 weeks in the hospital/rehab. I still have possibly 3 more weeks. Who is responsible for my injuries? The doctor said that if the air bags had deployed, my neck surgery would have been unnecessary.
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The repair shop *may* be liable or responsible.. It depends on the degree to which their faulty repair caused the accident or other factors, including your carelessness, did. If the pad slipped off as you were trying to brake but were otherwise driving carefully, that would seem to be their fault and make them liable. If the pad slipped off as you were trying to brake but you were speeding at the time or driving distractedly, it's both your faults, and the balance of fault determines who is liable. If the pad came off on a previous day and you kept driving on it, you would again have at least a share of the fault (possibly a large share), for choosing to drive when the car was in a dangerous condition. So the specific facts will determine fault.