Category Archives: Negligence

Negligent Auto Repairs

Have you ever had a problem with your auto and took it to the service department or garage for repair only to be told that they couldn’t find anything wrong with it. Or even worse, they make a repair and later the problem comes back. In a recently decided Alabama Supreme Court case, the court makes it clear that the burden on proof is on the consumer/auto owner to present expert opinion that the service department or garage was negligent in failing to diagnose the problem or correctly repair it. See Bishop Chevrolet v. Burden, 1141231, Oct. Term, 2015-2016, released 5/6/2016. Mr. Burden and taken his truck in on several occasions due to a burning smell emanating from under the hood. Bishop Chevrolet made a repair to no avail, and Mr. Burden brought it back again, but there was no resolution. Driving home from work the next day, the truck caught fire and was a complete loss. Mr. Burden settled with General Motors on product design issues, but Bishop Chevrolet refused. A jury awarded Mr. Burden substantial damages, but the Supremes overturned the award due to his failure to provide expert testimony that Bishop Chevrolet was negligent.