Liability questions !

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Black_label_240sx
Posts: 56
Joined: Mon Apr 09, 2012 7:56 am
Car: 240sx s13 with rb20det swap

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First and foremost - Missed this place, took a break from my s13 projects for work and school ( miss it so much :frown: )

question for everyone

Car is a 1989 Mercedes 190e
Friend who I owed a favor asked me to change the brakes on his car ( older mercedes ) which I did. Because he said they were bad, when I started I noticed that the back passenger caliper leaked oil when I took it apart ( dual piston caliper ). When I was done changing all the pads the brake petal was still squishy, so I went to bleed the system- yet nothing came out of the bleeder valve ( started on the passenger back right caliper - was leaking earlier ) I checked the brake fluid reservoir and saw this it was leaking fluid, and that there was a TON of standing brake fluid in the brake booster.( too much for it to be just from the reservoir ) The system wouldn't bleed- followed normal procedures of depressing the pedal while having the bleeder cap open, then closing it while still have pedal depressed, pumping the pedal, then depressing it while opening bleeder cap again. I repeated this process to no avail. I learned then that brake pedal had been squishy the entire time and he thought it was because of the brake pads. I know that something is wrong with the hydraulic brake system ( probably master cylinder or booster) and that the caliper ( leaking one ) is no good- all of which I told him, now the brakes barely work due to the loss of brake fluid/pressure in the caliper ( confident that the caliper seals are no good ) . Told him not to drive it and that a professional mechanic is needed to fix the rest. As I'm not comfortable working on the hydraulic parts of the brake system.
Am I liable for any repairs or damages should he drive it or anything at all?
thanks !!

I know I did the brake pads correctly, nothing leaked oil afterwards


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Thunderlane
Posts: 18
Joined: Thu Oct 17, 2013 8:06 pm
Car: Datsun 260Z w/ L28 Swap (Poorly done)

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I would say that as long as he asked you to work on them for him, he assumes the liability in this case. Obviously, since you didn't fix the brakes, you still owe him a solid (based on Gentleman's Code), but if anything, you revealed a major problem with his brakes. Because if he had discovered this problem, it would have probably been while he was trying to stop while approaching an intersection.

Be sure that he knows he shouldn't drive it much, and that he should be careful when he does. And make sure to offer him another favor in the future.

*EDIT: And let him know that he has a sweet car!

Black_label_240sx
Posts: 56
Joined: Mon Apr 09, 2012 7:56 am
Car: 240sx s13 with rb20det swap

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I don't see how I owe him..I wasn't asked to fix the braking system, just replace the pads, which I did- told him from the beginning that I'm not working on the hydraulic part of the brake system.
I found out now he knew that the reservoir had been leaking for a while.

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Thunderlane
Posts: 18
Joined: Thu Oct 17, 2013 8:06 pm
Car: Datsun 260Z w/ L28 Swap (Poorly done)

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Oh, you did what you were asked? And he knew about the problem?

Then it seems like you're free and clear to me. But, as a friend you should really push him to not drive the car. It would be one thing if it were engine issues, but the brakes are what I believe to be the main safety component of the car. If your brakes aren't functioning properly, you should not drive the car. Period.

Black_label_240sx
Posts: 56
Joined: Mon Apr 09, 2012 7:56 am
Car: 240sx s13 with rb20det swap

Post

he knew there was a problem- he thought it was the pads
he didnt know that a squishy brake pedal was a hydrulic issue and not a brake pad issue
he just told me the pads needed to be replaced- I didn't notice the issue till I got to the caliper that was leaking oil...then to the engine bay.

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Bubba1
Moderator
Posts: 16082
Joined: Wed Oct 30, 2002 1:42 pm
Car: 2003 Nissan 350z
2024 Honda HR-V
2008 Toyota Corolla S
2001 Toyota Avalon XLS

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I'm no lawyer, but if you advised him that his brakes were still unsafe despite the work you performed, then I'm pretty sure you're not liable if he ignores your warning and tries to drive it in that condition. But, if you did not warn him, and something bad happens as a result, then I suppose there's a possibility of some liability on your part. A lawyer would be in a better position to advise you than us.

Black_label_240sx
Posts: 56
Joined: Mon Apr 09, 2012 7:56 am
Car: 240sx s13 with rb20det swap

Post

Ya, I warned him- he seems to understand that these things happy with older ( and luxury ) cars.

Just never wondered about liability working on other peoples cars to help out


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