Garage Owner’s Liability: Burden of Proof | SIRET & Associés
Who must provide proof in the event of a dispute?
Contact téléphone 02 51 05 38 23 et Mail : jsiret@siret-associes.com
Garage Owner’s Liability
Entrusting your vehicle (car, motorcycle, motorhome, etc.) to a mechanic for maintenance or repair creates an obligation of result. But what if mechanical issues appear right after the intervention? The law is clear: it is up to the garage owner to prove that no fault was committed.
When can a garage owner’s liability be engaged?
- adding oil that does not comply with the manufacturer’s specifications (lubrication failure),
- forgetting or incorrectly tightening a part,
- defective replacement part (clutch, gearbox, etc.),
- error in engine mapping reprogramming,
- maintenance failure such as injector flushing,
- malfunction of a replacement engine (new or reconditioned).
Burden of Proof on the Garage Owner
Even in cases of repeated or difficult-to-diagnose failures, case law considers that the garage owner remains liable (French Supreme Court, 1st Civil Chamber, Oct. 16, 2024, No. 23-11712).
Temporary or Partial Repair: What Liability?
Some clients sometimes request a temporary or partial repair. However, even in such cases, the garage owner cannot exempt himself from liability if the vehicle suffers new damage after the intervention (French Supreme Court, 1st Civil Chamber, June 25, 2025, No. 24-10875).
In other words, the professional must always perform his work in accordance with professional standards, or risk civil liability.
Burden of Proof: An Advantage for the Consumer
In a dispute with a garage owner, the consumer benefits from a presumption of liability.
It is enough to show that the defect concerns a part or a repair performed by the professional. The garage owner must then prove the absence of fault, which is rarely easy.
Why consult a lawyer in case of a dispute with a garage owner?
SIRET & Associés Law Firm, based in La Roche-sur-Yon and Challans, has supported motorists for many years in disputes with their mechanics. Our lawyers in automotive law and consumer law advise you and defend your rights to obtain compensation.
📞 Phone: 02 51 05 38 23 | ✉️ Email: accueil@siret-associes.com
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SELARL SIRET & Associés
RCS LA ROCHE SUR YON 390 567 519
Head office: 129, Boulevard d’Angleterre, 85000 LA ROCHE SUR YON
VAT Identification Number: FR 90390567519
❓ FAQ on Garage Owner’s Liability and Legal Remedies
- 🔹 Who is responsible if a breakdown occurs after a repair?
The garage owner is presumed liable if a breakdown occurs after his intervention. It is up to him to prove that he committed no fault.
- 🔹 How can I prove a garage owner’s fault?
The client does not need to provide direct proof. It is enough to show that the issue is linked to the repair carried out. The garage owner must then prove compliance with professional standards.
- 🔹 Can I hold a garage owner liable for poor repair work?
Yes. A poorly executed repair, even in the case of a difficult-to-diagnose breakdown, engages the garage owner’s liability. Case law confirms this obligation of result.
- 🔹 What should I do if my vehicle breaks down after a repair?
In case of a mechanical issue after a repair, quickly contact the garage owner in writing (registered letter). If the dispute persists, a specialized lawyer can assist you.
- 🔹 How can a lawyer help me in a dispute with a garage owner?
An automotive lawyer advises you on your rights, initiates amicable or judicial procedures, and obtains compensation if necessary.
The firm Siret et associés, established for more than 40 years in the Grand Ouest, and with 3 main offices, in Bordeaux, Aurillac, La Roche sur Yon.
Nos implantations : CHALLANS – LA ROCHE SUR YON – POUZAUGES – BORDEAUX – AURILLAC
Garage Owner’s Liability Burden of Proof SIRET & Associés
Contact téléphone 02 51 05 38 23 et Mail : jsiret@siret-associes.com
SELARL SIRET & Associés – RCS 390 567 519
Numéro d’Identification Intracommunautaire FR 90390567519