Customer Declined Repairs - Liability

[SpawnedX]

What is the name of your state (only U.S. law)? For this question RI, but I am looking for a more general law answer.

Say you have a person come in and wants brake pads on their car and you measure the rotors and they are at the discard thickness as set by the vehicle manufacturer. You inform the customer of this and they say they just want new brake pads slapped in. So you document this and have them sign that they declined new rotors and leave. The rotors fail at some point by cracking, is the shop liable or protected because they made the recommendation and documented it and documented the customer was advised and declined.

 

[justalayman]

Protected from or liable for what?

 

[SpawnedX]

Protected from or liable for what?

From damages caused by if the rotors the customer declined to replace failed and caused an accident.

 

[Zigner]

What is the name of your state (only U.S. law)? For this question RI, but I am looking for a more general law answer.

Say you have a person come in and wants brake pads on their car and you measure the rotors and they are at the discard thickness as set by the vehicle manufacturer. You inform the customer of this and they say they just want new brake pads slapped in. So you document this and have them sign that they declined new rotors and leave. The rotors fail at some point by cracking, is the shop liable or protected because they made the recommendation and documented it and documented the customer was advised and declined.

Did you put pads on? If not, then you simply quoted a job. Otherwise, you shouldn't have done any work without doing it properly. With that said, if all we're talking about is cracked rotors, offer to to reimburse the client for the value of some out-of-spec rotors. You've probably got enough change in that penny-tray on your counter...

 

[Zigner]

From damages caused by if the rotors the customer declined to replace failed and caused an accident.

Ahh - now we're back to the question of whether or not your installed new pads...if you DID, then you allowed the customer to leave with an unsafe vehicle. You may very well find yourself in court.

 

[SpawnedX]

Did you put pads on? If not, then you simply quoted a job. Otherwise, you shouldn't have done any work without doing it properly. With that said, if all we're talking about is cracked rotors, offer to to reimburse the client for the value of some out-of-spec rotors. You've probably got enough change in that penny-tray on your counter...

This isn't a real situation.

You put the new pads in, that repair was done correctly. This is about the part that the customer declined to repair even though you advised it was needed.

 

[SpawnedX]

Ahh - now we're back to the question of whether or not your installed new pads...if you DID, then you allowed the customer to leave with an unsafe vehicle. You may very well find yourself in court.

Yes, but say you did not put new pads in and allowed the customer to leave with an unsafe vehicle, what is the difference?

 

[Zigner]

Yes, but say you did not put new pads in and allowed the customer to leave with an unsafe vehicle, what is the difference?

I wouldn't let the customer drive away...but it's up to you I suppose.

 

[Just Blue]

This isn't a real situation.

You put the new pads in, that repair was done correctly. This is about the part that the customer declined to repair even though you advised it was needed.

WE don't deal with hypothetical situations.

Please pay an attorney for that.

 

[SpawnedX]

I wouldn't let the customer drive away...but it's up to you I suppose.

I understand what you are saying, but the law doesn't provide a shop owner from taking their vehicle if they want to, even if it is unsafe. We do not have that authority, we should, but we do not.

This isn't about ethics, ethically I would never.

Let me expand on this a little more.

Say you are a technician and not a shop owner, you recommend rotors and brake pads and document why. The shop owner presents this to the customer and then tells you only new brake pads are approved. You put them on, while documenting your objection to just putting brake pads on. Is the technician liable or is the shop?

 

[Just Blue]

I did a quick perusal of Px Hx. Interesting.

 

[SpawnedX]

WE don't deal with hypothetical situations.

Please pay an attorney for that.

It could be a real situation, the opportunity is present right now and I am a technician looking to see what could happen to me if I do just put these brake pads in as instructed.

Of course, when I am asked question on car forums, if I made the response you did I would be called a jerk technician not willing to help anyone with a dilemma.

 

[Zigner]

I understand what you are saying, but the law doesn't provide a shop owner from taking their vehicle if they want to, even if it is unsafe. We do not have that authority, we should, but we do not.

This isn't about ethics, ethically I would never.

Let me expand on this a little more.

Say you are a technician and not a shop owner, you recommend rotors and brake pads and document why. The shop owner presents this to the customer and then tells you only new brake pads are approved. You put them on, while documenting your objection to just putting brake pads on. Is the technician liable or is the shop?

I would suggest that you run the scenarios by your corporate attorney. If you don't have one, then you be wise to, at the very least, consult with one. Additionally, I would suggest that you join an automotive industry trade group. Lastly, I would suggest that you make sure you are well insured.


Folks, THIS is why we don't do hypotheticals.

 

[justalayman]

Yes, but say you did not put new pads in and allowed the customer to leave with an unsafe vehicle, what is the difference?

It was not an unsafe vehicle.

 

[SpawnedX]

Surprisingly, us 50,000.00 a year mechanics trying to do the right thing can't afford to hire lawyers left and right like a company or corporation can.

The choice here is to lose one's job for insubordination or possibly be responsible for damages that could occur. I don't see how it is unreasonable to not ask for an expert's opinion in that situation.