How much legal risk is there in fixing someone's brakes for them? (Page 2/2)
Jake_Dragon AUG 05, 06:53 PM

quote
Originally posted by 2.5:

Nope.



Just be sure the person you are helping is right there with you when you do it. Show them everything you are doing. Hell take a couple selfies. (that's where you turn the phone around and take your own picture with the car in the back ground)
God I hate that people have made us this way. Back in the day I helped a guy in the parts store parking lot fix his starter. Never thought twice about it.
randye AUG 05, 07:38 PM

quote
Originally posted by Jake_Dragon:


Just be sure the person you are helping is right there with you when you do it. Show them everything you are doing. Hell take a couple selfies. (that's where you turn the phone around and take your own picture with the car in the back ground)
God I hate that people have made us this way. Back in the day I helped a guy in the parts store parking lot fix his starter. Never thought twice about it.



Sorry, but NONE of that is going to protect you from legal liability in any way.

It could act against your own interest because it's just documented proof that YOU were the one that worked on the vehicle.

I agree that it's sad that things are the way they have become but one of the better ways to try to help protect yourself is to get the vehicle owner to SIGN A WAVIER / RELEASE OF LIABILITY or a "hold harmless agreement".

It doesn't have to be any "fancy lawyer document" , it simply needs to clearly state that the person who signs it understands that you do not warrant the work to any standard , that the owner is releasing you from any and all legal liability, and that you are not charging any fees for your services (beyond being reimbursed for parts and supplies)...It can even be a hand written document, as long as the vehicle owner SIGNS AND DATES IT.

YES, most people are going to be skeptical of your work once you ask them to sign something like that, but my attitude toward it is they can just "put another punch in their tuff-sh*t ticket" and be on their merry way if they don't like it.

Also understand that it isn't only legal liability directly from the vehicle owner that you are trying to protect yourself from.

It's also third parties such as if the vehicle owner ends up in an accident and the people in the other vehicle sustain injury, their insurance company, the owner of the vehicle's insurance company, as well as all of their private lawyers might attempt to include you in a lawsuit.

[This message has been edited by randye (edited 08-05-2021).]

theogre AUG 06, 06:42 PM

quote
Originally posted by 2.5:
Being just a citizen, not a business, replacing their rotors and pads for them...



quote
Originally posted by LitebulbwithaFiero:
Maybe Orge will chime in, this seems like a subject he would weigh in on.

You asked...
I won't fix any car for most people now just because so many will sue you for anything wrong. That Problem may not even be related to actual work done but blame everyone after warranty is denied to have a wreck.
Or Worse, They think you're their mechanic now and will often call later for everything and at horrible times.

You don't need ASE but paints a bigger target to sue from a "side job" etc.
If you are ASE or not and work for a repair shop... The Shop can fire or sue you if/when they find out.
Huh?
Many jobs can fire or sue for doing side/"gig" work or second job w/o them authorizing first. Actually Read the "Employee Manual" push on you when hired.

I won't do IT and other work for friend etc for same reasons.

------------------
Dr. Ian Malcolm: Yeah, but your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should.
(Jurassic Park)

The Ogre's Fiero Cave

Jake_Dragon AUG 07, 12:15 AM

quote
Originally posted by randye:


Sorry, but NONE of that is going to protect you from legal liability in any way.

It could act against your own interest because it's just documented proof that YOU were the one that worked on the vehicle.

I agree that it's sad that things are the way they have become but one of the better ways to try to help protect yourself is to get the vehicle owner to SIGN A WAVIER / RELEASE OF LIABILITY or a "hold harmless agreement".

It doesn't have to be any "fancy lawyer document" , it simply needs to clearly state that the person who signs it understands that you do not warrant the work to any standard , that the owner is releasing you from any and all legal liability, and that you are not charging any fees for your services (beyond being reimbursed for parts and supplies)...It can even be a hand written document, as long as the vehicle owner SIGNS AND DATES IT.

YES, most people are going to be skeptical of your work once you ask them to sign something like that, but my attitude toward it is they can just "put another punch in their tuff-sh*t ticket" and be on their merry way if they don't like it.

Also understand that it isn't only legal liability directly from the vehicle owner that you are trying to protect yourself from.

It's also third parties such as if the vehicle owner ends up in an accident and the people in the other vehicle sustain injury, their insurance company, the owner of the vehicle's insurance company, as well as all of their private lawyers might attempt to include you in a lawsuit.




I forgot the smiley, Yes I know that.
But I don't work on people stuff anymore. Just don't need that kind of drama. Its like when people realize that you work in IT and want you to fix their computer. For free.
I charge enough that it would be cheaper to buy a new computer if you want me to work on it.
Just say no, its the safest option.
theogre AUG 07, 03:57 AM

quote
Originally posted by Jake_Dragon:
But I don't work on people stuff anymore. Just don't need that kind of drama. Its like when people realize that you work in IT and want you to fix their computer. For free.
I charge enough that it would be cheaper to buy a new computer if you want me to work on it.
Just say no, its the safest option.

Yup, Building/Fixing a PC is bad enough...
Many want network wiring done as a "side job" or free jobs and no clue how many Electric and Fire Codes cover Low Volt wiring. Example: You use the wrong wire w/ most Drop Ceilings and don't mount the wires anyway... Get a Lawyer fast if they have a fire or get inspected and Fail.

Then add Many homes schools and business still have asbestos, lead paint, and other HAZMAT hidden in them and if your wiring job actually causes problems or they just blame you... "Short" Example:
A school hires a contractor to wire up a "computer lab" in an old building.
Contractor opens drop ceiling in one room... worse cleans the mess poorly...
Far worse, dust/dirt had asbestos and crap cleanup made the Whole school shut down for weeks.
Then the "lab" fails to work after that.
New contractor and fix w/out touching/moving the ceiling or wires above the ceiling and can't run cables on the floors either... This was not fun because way before Ethernet was cheap so use another network type.
sourmash AUG 07, 11:30 AM

quote
Originally posted by Jake_Dragon:

Are you getting paid?





quote
Originally posted by 2.5:
Nope.



Can we change the "P" to an "L"?
Hope she's hawt.

[This message has been edited by sourmash (edited 08-07-2021).]

maryjane AUG 08, 01:23 PM
I do quite a bit of work for others for free, but not on automobiles. I've repaired 3 home generators this year and just got a call to see if I can spot weld a starter/flywheel ring gear on a Ford 8n (1947 model) tractor thru the starter hole. (That's going to be iffy, since the flywheel itself will have to be grounded so current doesn't flow thru the crank main bearings.) I never charge and always state up front there are no guarantees and only do it for close friends, relatives and neighbors.

Brakes, because of the safety factor, even back when I was a full time mechanic, I would not do on someone else's vehicle outside my work, not even a relative's. Not because of financial liability but because of the risk to another person's life.

[This message has been edited by maryjane (edited 08-08-2021).]

ArbinShire AUG 08, 07:57 PM
Answer: There is risk.

I am a Lawyer licensed in both Colorado and Montana (just note, I'm not your lawyer and my advice is worth to you exactly what you paid for it - nothing).

You most certainly can be held liable if your work can be shown to be deficient. I've done personal injury before, and we look to all potential actors that have varying levels of deep pockets. I would definitely consider going after that helpful friend if the driver subsequently causes an accident because of deficient brakes, and people are injured.