Legal Question in Consumer Law in North Carolina

Negligent brake service left car unsafe to drive

We took our 2002 Saturn to Sears Auto in Hickory for routine brake service. They called to say the brake service was complete except for the fluid exchange, which had to be done at Saturn dealership, as only Saturn had the needed tool; but Sears said they would try again. 30 minutes later they called back to say the car was finished and ready to pick up. We drove the car home, but used a second vehicle over the next several days. We drove the Saturn to Virgina Beach the following weekend. We noticed the brake pedal had less pressure than before the service, so we took it to Va Beach Sears Auto, who said the car was unsafe to drive and would not release it to us. It was towed to Va. Beach Saturn who replaced the entire brake system saying that it had been damaged by contaminated brake fluid. The ''service'' included new brake pads, reconditioning rotors and fluid exchange. Sears in Hickory offered us $600 if we agreed not to pursue any further liability against them. But we believe that they may have been responsible for the damage, as well as for endanger our lives, our children's lives, and others on the same roads by returning a supposedly repaired vehicle that their own colleagues deemed unsafe. Do we have a case against Hickory?


Asked on 9/07/05, 5:50 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Negligent brake service left car unsafe to drive

It's not clear from the question the amount you paid the Hickory repair shop, nor the amount you paid the Virginia repair shop, and therefore it's not clear whether $600 is reasonable. But, if this approximates your expense in Virginia, or even what you paid in Hickory, you may be well-advised to take the money. I'm no mechanic, but I've changed brake pads, calipers, and brake fluid. I don't immediately see how contaminated fluid would affect the rotors or pads. Although it is possible that the fluid caused this damage, you would have to prove that. As for the risk to you, your family, and others on the road, that's not compensable. You may want to contact an attorney and provide more information.

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Answered on 9/07/05, 9:55 pm


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