A mechanics liability

Liability,

Most on this site are engineers and designers even thou when we design safety is frontmost, what you'll need are attorney's (maybe on this site are some patent attorney's)

As a business, safety is always an issue. And one of the first things they would look for is what else could you have done as the work is being done, (I'm sure there's probably a legal term for it).

Wasn't there at least a parking brake?

With that question asked, you get the idea.

If a car is in PARK, it's reasonable to assume that it's not going to roll. However, since it did roll, that tells me that it was parked on an incline -enough of an incline to reach a dangerous speed after a "short trip".

So, the parking brake should have been on.

If kids were playing on the truck and it took off and crushed one of them, I think the owner would be liable - even though the other shop is clearly at fault.

But, you're at fault here since you knew that it was on an incline. If you had been exercising due safety awareness, you would have either set the parking brake, or chocked the wheels.

Both you and the owner learned a relatively cheap lesson here. Go the extra mile and repair the damage - you'll make yourself look good, and your competitor look bad.

If a car is in PARK, it's reasonable to assume

Just my perspective here --- It is never reasonable to ass-u-me that any mechanical device, component, or machine will always do what it is supposed to.

mobilemechanixx Safety, in any industry, is always a major issue, especially, when working on automobiles parked on an incline. The very least that should have been done was check the parking brake. If I were a mobile contractor I would also chock a wheel.

It sounds also that the owner must have some responsibility as a vehicle parked on an incline should always have the parking brake set. It probably says set the brake right in his owners manual --- maybe???.

Only a dent in the bumper? As others have said, whoever is responsible is getting a lesson pretty cheaply.

In the American aviation industry, when there is a discrepancy, you can be sure that all the Aircraft mechanics and aviation inspectors that have signed the aircraft log books will be on immediate call. I have been called in the middle of the night to present my work sheets within 12 hours. Insurance for a private aircraft mechanic is very expensive. I have, on occasion, had to work with out it because to pass on the insurance cost to the owner would mean not getting the job.

In a law suit All the participants you have mentioned will be called to the stand. The jury will decide who is negligent. You have no recourse. They could find that all of you participated to the incident. I think it depends mostly on who has the most money. Not fare but that's the way it is....

Use the mining rule of thumb.

If the car is stationary and you are not in the car turn the front wheels full lock so if the brakes do fail (they do) all the car will do is roll into the wall maybe only moving several feet. We have to do this on level surfaces as well as inclined roads. If there is a person working on the car, the battery is isolated and the wheels are chocked. Better to go overboard than take a short cut. Do it to extreme. If it's your fault...? Maybe not this time but it will be the next time.

The liability is not yours. This could just as easily happened to the car owner. The liability lies with the person who performed the work.

The whole matter could be referred to the relevant insurance companies without prejudice.

You are though the transmission company did not properly adjust the transmission linkage the park setting is not meant to hold the vehicle from rolling when parked. The parking brake should be applied when parked. It is a bad habit to get into using the park setting of the transmission to hold vehicle stationary when parking. It has been a long time since I have read the operators manual. I do remember that the manual said not to do so. The vehicle manufactures way to get around liability in mishaps such as yours. I do believe all so these items are address in most states on their written and driven test for a license.

I see it as a cheap lesson a bumper is only a $100 and it could have been worse .

I operated a tree service for 27 years and a $100 loss is a good day .

I've always viewed a loss as an opportunity to learn to avoid the BIG ONE

Fix it and you'll be a hero and the investment will pay off a hundred times in advertising your services and you can't buy that for any price .

Repairing should always be done in prominent parking area not on inclined one even in abnormal conditions , this is important precaution that is mentioned in any service /operation manual , parking brakes or parking linkage are ment for making vehical in stand still , if not operating , should be rectified imediatly.by no means they can be utilsed for repairs , accidents are bound to happen.

I have to agree with all that say: this is a VERY cheap lesson,
having suffered a similar event myself. I accepted full responsibility
and was relieved to only suffer a small fine, plus damage repair costs.
(when in the wrong it is better to put matters right asap)

It is imperative that the engineer is, as far as possible, fully aware of
the risks; uses belt and braces; every conceivable means of being safe.
And, one can still get caught out by errors or circumstances. (eg kids)

Only with a "complete safety" attitude can one hope to avoid inevitable
"accidents;" unfortunately this attitude, usually, only comes with age.
As they say there are bold pilots, and old pilots; but no old, bold, pilots.

In this instance I think it would be wise to accept responsibility and
repair the damage asap; obtaining credit for service and accountability.
There is no benefit in arguing about it, when "in charge" of the vehicle;
regardless of who did, or did not do, whatever.

It's the same for a charge of "insecure load" - if it falls off, then QED;
no matter how, or how many chains were supposed to be holding it secure.

Simply, I would be extremely thankful no one got hurt; on my watch!

jt.

Win 10 Million - details on http://www.mfnb.at

Ben there, Done that,

Well said .....

Besides being an Electrical Engineer, I'm and old pilot, 80 years. I got here by the grace of the Lord and not being bold

I am also proud to hold the Charles Taylor MASTER MECHANIC Award .

On several aviation related events, my work has been reviewed by the NTSB

If you are in the business, you have to accept the responsibility

Needless to say, thanks for all the submissions. A couple of points to address:

A: The parking spot appeared level, there is a steep ditch at the edge, it rolled about 2 feet, VERY slowly, but being across the lot from the truck, I could not get there before it got to the ditch.

B: The owner has had it happen to him twice today, so no longer believes it is my fault.

C: I replaced the bumper yesterday, since it did happen on my watch.

D: The next thing scheduled to be done on this truck are the rear brakes, the dang parking brake will NOT hold, and it was set, my main issue with the owner is that he swore I must have moved it out of gear, even though he was not there, and I did not have access to the keys, and thus could not have changed gears! I know, I know, I probably should have chocked the tires, thus why I already fixed the truck :)

E: I am hoping that the transmission company will be liable. This truck is not yet roadworthy, is not tagged, or more importantly, insured as of yet. It just plain irks me when a tranny shop says three days, takes a month, and still screws up, even if it did not happen to me, but I had referred them to the owner of the truck!

I knew this would be the right place to check, and yes, effective immediately after the accident, ALL cars must now be chocked before work is started!

Sigh, I guess it was a cheap lesson, even if I have 19 years of mechanical experience, there is always another dang lesson waiting for you.

I fully agree with you you got screwed and just the idea the customer would suggest you did it hurts, but you showed them and I wouldn't be surprised if you get an apology and a few dollars extra for a tip .

The transmission shop should step up as well but you handled it and in the end it will all come back in the long run , now that you were the true professional .

I wish more people would have as much class trust me you will be rewarded in the end ,I've been in business 27 years and been in similar positions I know.