Legal Question in Consumer Law in Texas

Crooked Mechanic

I took my truck ('96 Chev) to shop & they replaced thermostat. Truck still ran warmer than usual;took it back & they put in new radiator ($300.00), still running hot). Mechanic said he noticed leaks around head gaskets, but didn't tell me about leaks & did not repair leaks. Now he says engine ruined. Cost to repair will be over $2,500.00. I feel shop was negligent because they KNEW head gaskets were leaking & did not tell me or repair the leaks. It seems like they purposely did not fix truck just to keep me coming back & spending more money (thermostat, new radiator, engine). They say all mechanics there are ''certified'' mechanics, that's why I took my truck there.

Do I have a cause of action against this shop? I feel they were grossly negligent in that they knew what was making truck run hot and did not tell me or make attempt to fix the problem. Their negligence caused the engine to over-heat and crack the block.


Asked on 3/16/06, 8:45 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Crooked Mechanic

In my opinion, you pose one of the most common, but most difficult cases to prove.

The amount of money involved makes it difficult be represented by counsel.

Your best bet would be to explain to an attorney in your jurisdiction what the problem is, and request an hour or two of consultation time to assist you preparing the petition, and preparing your evidence for JP (small claims) court. It would be worth the $300 or so investment.

Hopefully (!) they returned the old parts to you (thermostat and radiator), so that you can take these parts to another mechanic, who would be willing to testify that the parts were not faulty. With older vehicles, it is not unusual for several parts to degenerate around the same time. If these parts are damaged, faulty, defective, then you will have serious difficulty proving the mechanics were fraudulent or acted in bad faith.

Be assured that that mechanic is going to recall things differently than you. It is extremely doubtful that he will testify that he noticed leaky head gaskets the first or second time around.

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Answered on 3/16/06, 11:22 am


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