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Old 01-12-2011, 07:04 AM   #1
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Question Who is Liable?

A bike has a fuel leak. The owner removes the fuel tank and transports the bike and fuel tank to a mechanic. The owner wants the bike serviced and the fuel leak fixed. The mechanic wants to turn the bike over to make sure the engine has not seized in order to ensure that servicing the bike is worthwhile.

Mechanic hits the starter and the bike basically explodes, blowing the carbs off the bike and starting a fire and damaging the bike.

Is the shop liable for the bike?

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Old 01-12-2011, 07:18 AM   #2
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the shop typically wouldnt service it if they brought it in as parts, but if they assumed responsibility of putting it back together than they are liable for it exploding. Provided the cause was something they worked on and not something out of their control/agreement to adjust.
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Old 01-12-2011, 07:21 AM   #3
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the shop typically wouldnt service it if they brought it in as parts, but if they assumed responsibility of putting it back together than they are liable for it exploding. Provided the cause was something they worked on and not something out of their control/agreement to adjust.
The shop had not started any repair or service. The first thing the mechanic did was to attempt to turn the engine over. The fuel tank was still off the bike.
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Old 01-12-2011, 07:29 AM   #4
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The shop had not started any repair or service. The first thing the mechanic did was to attempt to turn the engine over. The fuel tank was still off the bike.
Ahh, I'd assume the shop would be responsible but it depends on how they disclosed the terms of working on it.. i know anything a customer worked on prior to us getting it at honda we wouldnt assume any responsibility for that kind of thing since we have no clue what he screwed up before bringing it in.

bikes may be different though, everybody works on their own .

additionally in this kind of situation i would have been avoiding doing anything other than what he was asking. in the case of a fuel leak there could be residual fuel everywhere that could start a fire.
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Old 01-12-2011, 07:33 AM   #5
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Did the tech disable the ignition coils/spark source? It doesn't sound like it.
I don't know all of the details but IF the fire was caused by the techs failure to test the bike in a safe manner than it should fall under the shops garage liability policy, that is providing they actually have one.
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Old 01-12-2011, 07:34 AM   #6
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Quote:
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Did the tech disable the ignition coils/spark source? It doesn't sound like it.
I don't know all of the details but if the fire was caused by the techs failure to test the bike in a safe manner than it should fall under the shops garage liability policy, that is providing they actually have one.
The first and only thing the tech did was turn the key and hit the starter.
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Old 01-12-2011, 07:40 AM   #7
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Quote:
Originally Posted by Bevo View Post
A bike has a fuel leak. The owner removes the fuel tank and transports the bike and fuel tank to a mechanic. The owner wants the bike serviced and the fuel leak fixed. The mechanic wants to turn the bike over to make sure the engine has not seized in order to ensure that servicing the bike is worthwhile.

Mechanic hits the starter and the bike basically explodes, blowing the carbs off the bike and starting a fire and damaging the bike.

Is the shop liable for the bike?

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I saw this on tv the other day, no they were not in that case.
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Old 01-12-2011, 07:41 AM   #8
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Quote:
Originally Posted by JOEBUSA View Post
I saw this on tv the other day, no they were not in that case.
Doh! You weren't supposed to give it away.
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Old 01-12-2011, 07:46 AM   #9
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Doh! You weren't supposed to give it away.
Doh! My bad delete
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Old 01-12-2011, 07:54 AM   #10
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Old 01-12-2011, 07:58 AM   #11
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Old 01-12-2011, 08:08 AM   #12
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why was the shop not responsible? what reason was given?
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Old 01-12-2011, 08:09 AM   #13
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Quote:
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why was the shop not responsible? what reason was given?
The judge ruled that the bike owner had no expert testimony or proof that the shop did anything out of the ordinary.
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Old 01-12-2011, 08:12 AM   #14
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Quote:
Originally Posted by Patrick View Post
fall under the shops garage liability policy, that is providing they actually have one.
But that cost money!?

I ain't taking my bike/car/what ever to a shop that charges $X @ hour labor!

Good 'ole Bob will do the work for half that price after hours or in his garage
at home!

(till something happens and then that "expensive" shop seems awfull cheap)

Ya'll can play monday morning quarter back all day. Basicly either the shop
takes responsability or the dude goes to small claims court. There is no
"he said, she said".
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Old 01-12-2011, 08:45 AM   #15
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Quote:
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The shop had not started any repair or service. The first thing the mechanic did was to attempt to turn the engine over. The fuel tank was still off the bike.
oh yeah they had - by laying a hand on the bike and turning it over - they did.
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Old 01-12-2011, 08:47 AM   #16
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Quote:
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oh yeah they had - by laying a hand on the bike and turning it over - they did.
You call that service?
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Old 01-12-2011, 08:55 AM   #17
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Not liable.
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Old 01-12-2011, 10:34 AM   #18
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Quote:
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The judge ruled that the bike owner had no expert testimony or proof that the shop did anything out of the ordinary.
Sounds like the shop had better lawyers than the owner. I would have thought once the bike is in the custody of the shop, they are responsible for what happens to it, unless a waiver is signed to the contrary. When I bought my SV I brought it to Motorcycles Unlimited to have it checked out and worked on (great work btw! ) and I know I had to sign a few things when I dropped it off, and also when I picked it up, but to be honest I just kind of signed without reading. I would think that once you sign any sort of agreement for a shop to work on your bike, they are now somewhat responsible for what happens to it, until the work is complete and you pick it up. Then again, all of my knowledge on this subject comes from television and a professional ethics course I almost failed, so I suppose I could be wrong
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Old 01-12-2011, 10:36 AM   #19
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Quote:
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Sounds like the shop had better lawyers than the owner. I would have thought once the bike is in the custody of the shop, they are responsible for what happens to it, unless a waiver is signed to the contrary. When I bought my SV I brought it to Motorcycles Unlimited to have it checked out and worked on (great work btw! ) and I know I had to sign a few things when I dropped it off, and also when I picked it up, but to be honest I just kind of signed without reading. I would think that once you sign any sort of agreement for a shop to work on your bike, they are now somewhat responsible for what happens to it, until the work is complete and you pick it up. Then again, all of my knowledge on this subject comes from television and a professional ethics course I almost failed, so I suppose I could be wrong
It was small claims court. There were no lawyers
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Old 01-12-2011, 10:37 AM   #20
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oh, well then they argued their case better...
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