Introduction

This article examines Georgia statutes concerning automotive repair fraud and safety regulations in the context of mechanical service liability.

Scenario

A vehicle owner takes their car to a repair shop on Eisenhower Parkway in Macon, Georgia, for brake service. After completing the repairs and returning the vehicle, the brakes fail while the owner is driving on Vineville Avenue. The brake failure causes a collision with another vehicle. Investigation reveals improper installation of brake components during the repair service.

Georgia Law

Motor Vehicle Repair Act

Georgia Code § 10-1-393.4(a): “No motor vehicle repair shop shall: (1) Charge for repairs which have not been expressly or impliedly authorized by the customer; (2) Misrepresent that repairs have been made to a motor vehicle; (3) Misrepresent that certain parts and repairs are necessary to repair a vehicle; (4) Fraudulently alter any customer contract, estimate, invoice, or document; (5) Fraudulently misuse any customer’s credit card; or (6) Make or authorize in any manner or by any means whatever any written or oral statement which is untrue, deceptive, or misleading and which is known or which by the exercise of reasonable care should be known to be untrue, deceptive, or misleading.”

Written Estimate Requirements

Georgia Code § 10-1-393.3: “If requested by the customer, the motor vehicle repair shop shall prepare a written estimated cost for labor and parts necessary for a specific job. No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer or the customer’s authorized representative.”

General Negligence

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Professional Malpractice

Georgia Code § 51-1-27: “In all cases involving allegations of professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.”

Conclusion

The scenario describes a brake failure after repair service in Macon, Georgia. Georgia Code § 10-1-393.4 addresses motor vehicle repair shop prohibitions. Georgia Code § 10-1-393.3 establishes estimate requirements. These statutes establish the framework for mechanic liability under Georgia law.

FAQ

Q: What does Georgia Code § 10-1-393.4 prohibit repair shops from doing? A: Georgia Code § 10-1-393.4(a) prohibits shops from charging “for repairs which have not been expressly or impliedly authorized” and from misrepresenting “that certain parts and repairs are necessary.”

Q: What does Georgia Code § 10-1-393.3 require if requested? A: Georgia Code § 10-1-393.3 states: “If requested by the customer, the motor vehicle repair shop shall prepare a written estimated cost for labor and parts necessary for a specific job.”

Q: Does Georgia Code § 51-1-27 apply to mechanics? A: Georgia Code § 51-1-27 applies to “all cases involving allegations of professional malpractice.”

Q: Where are motor vehicle repair regulations found in the Georgia Code? A: Motor vehicle repair regulations are found in Georgia Code Title 10, Chapter 1, Article 15.

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.