Car owner sued after Jeep kills Mechanic during oil change
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- Опубліковано 16 вер 2022
- Do not use a oil change service from a business that you don't completely trust and this includes the dealership.
Sadly a jeep hit a mechanic in while another was changing the oil. To make matters worse the car owner was sued even though he gave the keys to the oil change shop. There are many oil change shops to choose from such as Jiffy lube and Yes I did hear about a alleged scam but that was one shop and is it true or a bad employee. Oil change fails of this magnitude is terrible. Castrol gtx quick lube is another option. Walmart automotive center oil change. If you can perform safely and properly then you may be capable of changing the oil just talk to a professional and use good quality oil like Mobil Full synthetic extended performance 5w30 or your viscosity recommended by your car manufacturer. valvoline motor oil is one of the best engine oil such as Amsoil signature series and Lucas oil. Liqui moly engine oil for protection or even motul specific.
#mechanic - Авто та транспорт
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This is very sad and My thoughts plus prayers are with the family.
This could have been prevented by using a hoist for cars with standard transmission.
@@SulitAE86 Hoist for automatic transmission or manual transmission is the same.
@@SulitAE86 could have been prevented by using wheel chalks and not having careless mechanics. Experts also do not say to leave the car in gear but the car in neutral with the parking brake set and the wheels chalked but not a lot of mechanics do this
A damn mechanic should know how a manual shift works.
First and foremost, if the mechanic didn't know what he was doing to move a car, him and his boss should be liable, no one else. Sucks someone died, but the car owner was not responsible for ignorance of their profession
Knowing how standard transmissions work should be a requirement to be a mechanic
I work at a dealership. Unfortunately, getting standard transmission cars is so few and far between, that I'm not even sure they ask if you can drive one anymore. They hire just about anybody these days
I worked at a jiffy lube, they turned down oil changes bc no one knew how to work one until I arrived. Then I was the only technician to work on standard. Even then they were cautious when someone other the me saying they knew how to drive a standard. Completely the fault of dealership.
If you don't know. Ask someone.
@@mgomez5606 I agree. Unless we have a used car that is owned by the dealership and hasn't been sold yet, the likelihood of us teaching you is pretty slim. Customer's cars aren't the place to learn.
And what about the emergency brake, was it set. Or wheel chocks.
The lawyer who brought this lawsuit should be disbarred!
You meant “disemboweled“?
No, he in fact should not. He is not suing the car owner because he wants to but has to. Employees cannot sure employers so suing the man is the only way around it. Rochester Hill Chrysler Dodge has been ordered by the court to indemnify Diaz-Navarro if he is found liable of negligence. That means that “in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying,” according to Femminineo, who added that the plaintiffs hoped to be awarded in excess of $15 million. A bit of research has never killed a UA-cam commentor.
@@josephhodges9819 Basically it sounds like the legal dance. It maxes out the owner's liability insurance and then the liability insurance of the dealer. But it sounds nonintuitive. Shouldn't the dealer's insurance be sued?
@@SeekingTheLoveThatGodMeans7648 Who would sue the dealer's insurance. The law is quite clear that an employee or employee's family could not sure the employer.
Sounds like the dealer hired an employee that didn't know anything about cars
Who's son,brother in law was he?
Probably a shop assistant or apprentice.
@@safeandeffectivelolaprenticeship is only a UK thing
Happens so much more than people realize.
Just think how bad walmart oil change is.
@@steve00alt70says who?
So the EMPLOYEE, accidently killed his co worker, and a judge allowed them to sue the CAR OWNER? !!!! THAT'S PURE INSANITY!
"So let's try and ruin the car owner's life by suing them when they had nothing to do with it simply because the family deserves money" ... What a shady attorney.
The repair shop should have insurance for worker screw ups like that!
Must be California .
Glad the judge threw the case out. That lawsuit was absurd.
that's the insanity in the US. When the mechanic operates a vehicle, especially that he's long-term experienced mechanic, he is liable. His negligence and actions led to the accident, yet the deceased's family probably liket the shop and so was looking for other sources of exploitation.
I honestly think less of the family as well. It sounds sad for the guy that died but his family doesn't sound too good.
It's not the car owners fault , it's the 19 year olds fault and the shops fault for not training the 19 y old properly .
Shops aren't suppose to train the oil change guys how to drive.
Maybe lack of proper protocol but it's not the shops responsibility to teach an employee to drive standard
this is 100% the fault of the 19 year old. we have raised a generation so arrogant and conceited they don't bother asking questions, they just start pushing buttons and pulling levers and seeing what happens without considering the consequences. the kid should be held responsible and no one else.
@ SS camaro your right but he should know what the hell he is doing also. If you don't know whats going on ask questions or don't touch.
Its the shops liability because it happened on their property. Not the owner of the vehicle. In my opinion the owner should be compensated for his vehicles damage during this incident, even if it just a car wash to clean up the mess. The 19 yo is at fault for not informing anyone in the shop that he didnt know how to operate a manual car. His negligence cost someone their life.
I'm a current mechanic, I work with idiots everyday.
I'd imagine
Im not a mechanic but do all my maintenance on my 4 vehicles
Cost more and don't know if they even did the work unless I inspect anyways.
There are lots of good competent mecahnics, but so many terrible ones with them or their company being slimy.
You’re a “current mechanic“, you work on alternators and generators, the occasional diode?
Do you ever just stop being a mechanic? Seem like a lifelong thing
This isn't a real lawsuit. The lawyers just like to throw mud everywhere and see what sticks. I imagine the "grieving" family sued everyone and their brother.
Court will throw this case into the trash
@@quake721 Well yeah, that's kind of why lawyers through lawsuits everywhere. The attorney could sue the bosses, managers, and owners of the mechanic service, the car owner, and the mechanic at the wheel, and I would imagine that only car owner and mechanic service suits actually stuck. (The actual man at the wheel could have stuck too but he likely has no money)
This is a "real" lawsuit if it occurred in a state which recognizes and applies the dangerous instrumentality doctrine.
And you heartless monster. You put the word "greiving" in quote marks! Do you really doubt that his wife and small children are absolutely devastated by this sudden and unexpected tragedy? I hope his family does not read your comment. You are a horrible person.
A mechanic not knowing how manual works? That's mechanics 101
It's driving 101
A social media user knowing how to use grammar? That’s elementary school 101. Damn.
@@peteness9550 You would think! I wonder what's being taught in schools these days. It's so far beyond just poor grammar and spelling. Some things that are posted are essentially unreadable.
@@nicholasoconnell7732 I don't remember the last time I saw a manual transmission. Maybe it was in the 90's
@@safeandeffectivelol What?!?!
Don't care how tragic this accident was, going after the utterly innocent owner is disgraceful
Who the hell hired a 19 year old (and apparently zero experience) with no supervision?!
Owner didnt want to pay for an experienced mechanic that cuts into profit, and when it killed his best guy he sued his customer.
What a swell person.
@@stripedassape8148 If you don't train people you don't have experienced people to employ.
@@stripedassape8148Shop owner who sues his customer won’t have any future customers, when news of this gets reported.
19 year olds are perfectly capable of changing oil if given the proper training.
its an oil change, its not rocket science
The dealer should be held liable and not the car owner. The dealer allowed an incompetent employee operate a vehicle that he did not know how to operate. And for God’s sake, why would you do what that incompetent employee did if you have never used a manual transmission? Why would you just make assumptions ? I have never operated a fork lift but if there was a man standing in front of the forklift I have enough sense not to just make assumptions and start pushing on levers 😱
Yes its a terrible situation and could have been avoided.
The kid sure knew what a clutch was for. ?
What's a forklift? (Idiocracy was a prediction)
@@eltonyancey6426 I'm willing to bet the mechanic that was pinned outside told the kid to push the clutch in ( explaining what pedal to push ) but the kid didn't know what's going on . Once the vehicle rolled slightly back he released the clutch and the vehicle jump forward killing the mechanic in front of the vehicle.
@@johnmarshall4442 Could have happened that way. So preventable.
The owner has no responsibility in this scenario.
The dealership is wholey at fault!
Dealership hiring idiots on the cheap !
The dealers insure responsible , but the one responsible is the one who released clutch without holding brake.
you would think
No the 19 yr old is
This is absurd. The owner is in no way responsible for a mechanic not even knowing how a manual transmission works. When a vehicle owner takes their vehicle to a mechanic, it's understood that that mechanic knows about vehicles to the degree that any mechanic is expected to. The fault is on the young mechanic, and suing the vehicle owner is the very definition of a frivolous suit. Absolutely disgusting.
The Operator is ALWAYS responsible!
The owner did not modify the vehicle.
If the owner of the car gets hit for this it's an indictment of our legal system more than anything else.
"always go after the guy with the cheaper lawyer"
Agreed! I am amazed that the vehicle owner could be liable for the shops sloppy hiring practices. So many lube shops have people that shouldn't be allowed on the shop floor to begin with.
@@austinh1028 nope it's because of workman comp laws that prevent them from suing the company directly. The shopped indemnified the car owner. SO even though the car owner gets sued the shop pays
I hope the shop pays, and not the young inexperienced mechanic, and definitely not the owner
@@startover125...it's still manslaughter. Accidental death is still death. Worst case, the judge/jury give minimal time/probation/damages/fines...the death still occurred at the hands of the 19yo.
That is absolutely ludicrous. Making the vehicle owner liable??? The business owner is at fault for allowing inadequately trained person do a job that required specific knowledge.
No way you can blame the owner. That's insane.
The law in this country is wacko! I was sued by a passenger in a car that hit me.
@@nickchallen4883 that makes more sense.
@@nickchallen4883 What was the outcome?
@@raynic1173 no it doesn't. Go back to Fortnite, adults are talking
@@llamabot9889 look knucklehead, although we don't know the details to Nick's case. This is not uncommon. A case, and investigation may reveal a full or partial responsibility on Nick's part and this may provide $ to that passenger, it may also be bullshite too. Some Ins. companies would rather settle than spend money on litigation so this can be an easy payday. So you go back to your PS.
It seems like the liability should fall on the employer of both employees for hiring an incompetent mechanics helper.
How did the mechanic know to push the clutch pedal if he knew nothing about manual transmissions?
The lawyer need to be sued for frivolous lawsuits
At first you had me thinking that the customer had a dangerous modification or such willful neglect on his vehicle that it caused the mechanic working on it to die... this however... blows my mind that there's a lawsuit.
My thoughts exactly.
100%
I thought the same thing! Something broke because of rust or something.
I could've sworn that was the case as well..
My initial thought was that the car owner disabled or bypassed the clutch position sensor and/or the neutral position sensor. But obviously that is not the case. This is a tragic event and I feel bad for everyone involved. I'm guessing the dealership has some insurance for events like this, and in no way should the owner be liable for something like this. Seems like the system worked this time.
That has NOTHING to do with the owner. It’s due to ignorance of the mechanic
The worker caused the accident not the car owner. The owner will win that law suit.
"make sure to check local laws before getting an oil change" that's nuts lol
you sick son of a bitch! you just changed your engine oil, didn't you? you are going away for a looong time!
I guess if I die, I have grounds to sue myself. About as realistic as this lawsuit.
i change my own oil it doesn't even need to go on a lift as it's just high enough to get under it sitting on four tyres I still set the parking brake though.. even though it's a Automatic
No one ever even assumes someone is going to drive their car when getting an oil change. They didn't even drive it here, they just started it...
????????
This warrants a counter-lawsuit as the owner had nothing to do with it and his being sued is tantamount to larceny, unlawful enrichment and harassment.
Theft is a felony especially by deceit
That's called a defense
Yup. I’m sure the vehicle owner will have a hefty pay day.
A fucking men.
Only in Merica where the laws are just there to protect the rich douchebags that own everything.
Why not sue the vehicle manufacturer as well? This is absolutely ridiculous.
Blaming the customer is just as ridiculous as hiring a mechanic who doesn't know how to drive a stick shift.
Attempting to Bankrupt an innocent family with children for an accident that was initiated by the employer not training their employees correctly. Glad that the Judge determined the family was not to be sued.
The business should be sue.
People get sued all the time and usually the case is thrown out without merit. Frivolous lawsuits. The business owner failed to train his employee.
Crazy how people still don't understand that. You can sue for just about anything. Winning the case is another matter entirely
But they were Trump Supporters.
So much of it rests on that fact.
failure to train properly or supervise an employee could get a business sued if it results in a tragedy.
If the man knew enough about manual transmissions to press the clutch and started he knew he should check if it was in gear before he pulled the clutch petal up.
sometimes people have to sue because tune insurance won't do anything until they try suing and they don't hey any money from the suit, then the insurance will have to act, that's why sometimes you will hear of people having to sue family members and it sounds messed up but it's more of s technicality
The judge didn't give the car owner anything! He brought his car to the "auto repair experts" to get the oil changed.....The dealership failed and should be held accountable.
Just another reason to always use the parking brake.
The author doesn't note that the parking brake should have been used. I'm not sure he knows that bit of wisdom!
Very sad story, but this kid should not have been allowed to touch a vehicle until he was familiar with its basic operation. Both the shop and the kid are liable. So avoidable and so tragic.
Lack of training is the employers fault
Exactly, the employer is responsible, the kid did not know how to operate a standard transmission, The employer should never allowed him to work on that vehicle until he became familiar with Standard transmissions
I don’t believe the kid is responsible, he was just trying to do his job,
@@startover125..how hard is it to say, "I'm not familiar or comfortable with operating this vehicle. Can I get some assistance?" if operating a manual transimison car is a part of the job, and the 19yo couldn't, he is not qualified to work on manual cars OR he lied on his application. It is the young mechanics fault, although accidental. It is the business' fault for not providing adequate training which resulted in death.
@@K03sport the real question is how did a push button vehicle start with your foot not on the brake pedal. There had to be a issue with the brake pedal switch or some fail safe issue had to be bypassed. The kid is at fault yes but so are other people
The shop has to take responsibility for allowing someone to work on a vehicle that they couldn’t drive.
BINGO!
Not to mention it happened on their property, in the workplace, when the vehicle was in their custody.
In high school I had a good teacher who taught me that you can sue anyone for anything, but it doesn’t mean you’ll win. Suing is just the act of taking them to court.
The owner should sue the dealer for letting an unqualified person behind the wheel.
As horrible as this tragedy was, Whatever happened to shop insurance and why should the owner be held liable when he/she was physically not present in the shop?
MetLife carshield won't pay. Blue cross often doesn't pay claims. If you work for them you aid and abet. Felony felony
Your shop
Your monkey's
Held liable for failure to properly train the employee. Now obviously it doesn’t seem like the shop owner was held liable in this case but it’s totally possible they could’ve went that route. It’s not rocket science.
@@Cyder33 the car owner not shop.
"The car owner wasn't charged criminally." That's mighty nice of them, especially since he had absolutely nothing to do with this other than having his name on the car's title and insurance policy and making the decision to own a stick shift vehicle.
I would like to share that there was a time in my life where I was completely broken. I didn't know where to turn. I tried crying out to family members and friends, that did not work. I finally cried out to Jesus, and he heard my cry. When the bible says God is near to the brokenhearted it is very true. I cried out to God in tears, and He eventually turned my sorrow to joy. I thank God for the gift of salvation that He gave me. Now I have a wife and 3 kids that God has blessed me with. Please stick in there and give God a chance to transform your life. Cry out to God no matter how broken you are.
@@brotherdj777 ok
They were talking about the kid who was doing the oil change and started the car
@@brotherdj777 Cult.
@@brotherdj777 off topic
Attorney thought process: 19 year old has no assets. Dealership has good attorneys. Car owner has a house, a job and can't afford good counsel. Sue the car owner.
I worked 40 years in the auto repair business and I can tell you how many times safety was ignored.
That's screwed up big time but that's how corrupt our system is , it's never the person it's the gun , car , another person, the store but never the person that caused the problem .
Those who make these frivolous lawsuits need to be held liable, I can't understand why they aren't. The car owner is clearly not responsible ( and should not be ) yet has to pay for a lawyer to represent himself - that fee should be passed to whoever initiated the lawsuit. Tragic that someone lost their life. Anyone who doesn't know how to work with manual transmission, and pull a e-brake lever should have been trained before doing the job. Completely avoidable accident.
@@boost7983 Good point. They should have had the ebrake on even if the car is automatic. You the front tires come off the ground and the car is FWD(most common configuration), the car will roll forward.
Yup same with drugs too.
@@shifty1927not really. Anytime someone’s high during an accident they are always taking the blame regardless if it was their fault or not
You can thank your local attorney for crap like this.
And Politicians don't forget those slimy Bastards.
Right to work state ?
Were is OHSA & the state's workers compensation ? Was that Dealer uninsured or was his attorney just belligerent in misrepresenting this claim ?
Nope, That is, unless said attorney was part of the state legislature which made such nonsense possible.
Or more accurately the state legislators who wrote the law that allows this.
@@jeffreyrudolph5061 RTW has nothing to do with it. How many guys changing oil are unionized anywhere. OSHA and Workman's comp applies to everyone union or not.
What a screwed up justice system, that the owner could even be considered liable.
How they were able to start the process of suing the car owner in the first place is mine baffling this situation.
I think the point is, that in some jurisdictions, it is a requirement of state laws, that an attempt be made to claim from the car's owner first. Once that's been attempted, and failed, THEN you have the right to sue the dealership/mechanic.
So, this isn't actually what you think it is. It's a quirk of Michigan's insurance laws.
"As Femminineo explained to Jalopnik, the Hawkins family can’t directly sue the dealership or its management. Michigan workers’ compensation law says you cannot sue a fellow employee for negligence while on the job. So the Hawkins family’s only option was to sue the Jeep owner. But that doesn’t mean the Jeep owner will be held responsible for the accidental death.
According to Femminineo, when the Hawkins family filed suit against the Jeep owner, that person immediately sued the dealership for indemnification, and won. With that victory in place, whatever results from the Hawkins family’s suit against the Jeep owner will be the legal responsibility of Rochester Hills Chrysler Jeep Dodge (and their insurance company). Basically, while the owner of the Jeep is named in the suit, that person won’t face any repercussions from the trial or judgment."
This is just how it's handled in MI, the owner of the Jeep was never going to have to pay anything.
You can file a suit against anyone for anything. It’s a question of whether the court will throw it out or not.
Could you imagine: you take your car in for a oil change. Your now sitting at home & get a call. There has been a mishap with your car, get down here right away. You get to the dealer & hear that a man has been killed by your auto; & your legally responsible for a murder 2 rap! 🤯
That's the problem with the American legal system. You can sue anyone for anything. There's zero review process. The way things are now, you can be forced to spend thousands on legal fees even for an obviously malicious or frivolous lawsuit. People sue just to weaponize the legal system, using it to harass people.
its not the car owners fault...its that kid's
Agreed
I think it's the shops, if they allow the kid to even touch vehicles with no license and no understanding of manual transmissions...
The shop sued hoping to not be sued themselves.
did the kid follow the shops work place policy? the shop should have known if he could operate a manual or not and if so he should never been allowed to start the vehicle there for the shop would be at fault how ever if he did not follow work place policy and did it on his own accord then the kid could be held responsible either was the shop was negligent and the kid was not supervised correctly and now a man is dead.
The repair order should legally bind the dealership to certain responsibilities especially when on their property and in their possession. Under their supervision of managers ect.
This accident falls squarely on the dealership for safety violations.
The 19 year old employee's incompetence killed someone, so someone else gets blamed and has to pay for it? That kid should run for Congress. He'd fit right in.
😂
So, how is the owner responsible for the mechanics negligence? That's freakin insane.
Did you not hear the part where the owner hired the kid being aware that he had no license so that's negligence on the owners part no doubt.
@@brentalder7731 how is that the owner of the vehicles fault?
@@brentalder7731 the shop owner hired the dubious technician
@@brentalder7731 I think there’s a bit of a confusion. The car owner (being sued) is different from the dealership/mechanic shop boss that HIRED the inexperienced technician, right?
The car owner left his car in gear and neglected to inform the mechanic.
A tragic event , mistakes made , and a good judge You did an excellent review of all the fact's and step by step explanations of the event as things happened .A man dies A judge saves the owner and sadly a young man did something he can never correct or forget . thank you we can hope that others seeing this will learn from it so as to not repeat it .workers and bosses both .need to see this ..
Isn't every business supposed to have insurance for on the job accidents? This blows my mind......I'm glad i change my own!
How the hell can you hire a mechanic with no drivers license!
Wait til you find out that people are plane mechanics without a pilot license
@@withcheeseproductions plane mechanics dont fly planes. Car mechanics drive cars.
You can have a drivers license and not know how to drive a stick. The 19 year old probably never heard of it before. Not many out there any more!
Honestly a plane mechanic should be required to get his pilot license and test drive the plane after fixing it. If his life is on the line, I guarantee they are ensuring they didn't miss or half ass things. If you can't operate it, you can't fix it.
@@seeya205 It was the old man who didn't know how to drive a stick. That man had no business being a mechanic.
How is this the car owners fault?? This is some crazy accountability blaming.
In California, someone can break Into you're home, steal you're gun and commit a crime. They then will charge you aswell just for owning the gun..
@@mrrod3004 and this is why liberals should be banned. That's the stupidest thing I've heard today. The one that got me was that Gavin guy putting a law saying abortion up to a year old. That's just murder in reality.
@@mrrod3004 rightfully so, you shouldn’t own a gun if you don’t keep it in a secured cabinet with a secure lock
@@Progan666 because no one can break into a gun safe? By that logic, if someone breaks into your home, takes the keys to your car and runs someone over then you should be held accountable for the criminals actions.
@@mrrod3004 That's because California is a backwards state, run by communists. Ultimately they don't want you owning weapons, but that pesky 2nd amendment prevents them from completely blocking gun ownership. But they do everything they can to make sure it's as difficult as possible for non-criminals to own firearms.
I’m glad you did this short video to inform people. That’s insane as someone else said. I would think that law was made for some other reason and some lawyer tweaked that law to collect more money from it. It’s a stretch I know but….
This is F-cking ridiculous! How
Is the owner responsible for a
Mechanics screw up? Stupidity isn’t an excuse! 🤯🤯🤯🤬
The young man who was being trained should have had training with how to operate a vehicle with a manual trans and how to operate an emergency or parking brake , also a drivers license before he was able to touch a clients car. Glad the Judge saw all the problems with this case .
Exactly the family has no NO liaabiy over what a employee does at the steelership
It sounds like the 19-year old was also lacking common sense. Not something that can be taught or trained.
"The young man who was being trained should have had training" - did you read this before posting? The negligence here is in insufficient supervision during training. How can someone who is currently being trained be already trained?
The #1 rule at my shop was "you will be seated inside the driver side with foot on brake to start any vehicle". One of my mechs ignored rule #1 and a Towncar went in reverse and ripped the driver door off as it left the shop.
That's sad, but since a jeep is high off ground I don't think you even need to back up the car. Mind you, I'd always apply the parking brake regardless. Drive an 05 civic & I refuse to trust the push button parking brake mechanizium. I'll always have a parking lever or I'd just settle for an auto. Sucks this guy had to pass away cause his help sucked, reason why I do my own work on my own cars. If I dont know anything or it's out my expertise, off to the mechanic shop it is.
same i never start cars on less im in them
I was gone on a personal day, but the gm dealership I worked at had bays on each side, so cars faced each other. The guy working in the bay across from me did a oil change on a older manual car. He reached in after filling the engine with oil and turned the key. He was talking to another tech as he did this. The car started, shot across the walkway between the bays, and smashed into my snap on tool cabinet. Luckily I wasn't working that day, but the corner of my box got smashed in. The dealership had a body shop, and they had one of their guys fix my box. Couldn't even tell it had happened
To Dave 1135, No car should lurch forward when you turn the key, the car was faulty,
@@startover125 you’re right, the car won’t even turn over the engine unless the clutch pedal is pressed when starting up. I think buddy just made that story up
Rule number 1 with a manual transmission always set the parking brake.
I learned about depressing the clutch pedal to start a car back in the late sixties, also making sure it's in neutral. How the senior mechanic did'nt realise this, I cant fathom.
that is ridiculous
Yes very sad
@@NATESINTERACTIVEAUTO not sad....ridiculous
Yeah, this falls on the shop 100%. I do my own oil, but damn, here's another reason for me to keep doing that. Lol
Same! I've got to the point of hating having to work on cars at all but I still do as I don't trust garages!
so do you do your own wheel alignments too?
Years ago at my first mechanic job, I "killed" my toolbox when I reached into a car with the manual trans in first gear, started it up and my toolbox lost it's life. No damage to people, or the car. Lesson learned!!!!
One of the audible rules I often hear at my garage is “leave it out of gear, handbrake off”. It’s a consistent rule of thumb no matter the job; only consciously changed if needed. A flat workshop floor. The ability to line up for lift.
These rules should surely be on the floor management / workshop lead. Then young apprentices will learn, albeit slowly; repetition helps.
Glad the car owner was given indemnity. Clearly no fault on his part.
New word I learned
The oil change place should be liable. But aside from that, never, ever go to a quick change oil place.
Always do it yourself anyway. Saves money and gets done properly.
It was the dealership.
...and don't fill the filter with oil.
@@timd1833 Always fill the filter with oil. Unless it's positioned where it can't be.
@@nodak81If you fill your filter and then fill your engine, there is no margin for error if you overfill the crankcase. People do it, but for that very reason I don't.
He did not know how to use a manual transmission yet he knew to depress the clutch pedal to start the vehicle 🤔
Darn so many views and subscribers. I Rember when you were at like 14 views and a hand full of subs. I have always liked your style. great job, kudos.
this is what a company's liability insurance supposed to pay for
Sounds to me like they were purposely trying to NOT sue the shop owner because they were buddies with him. They were trying to pin it all on the car owner. If that was their reasoning, then I really don't feel sorry for the family at all.
this problem reaches way beyond this occurance. common sense and critical thinking has been taught right out of us by broken families and useless schools.
THAT!!!!...is the real problem !!
I learned how to write sentences.
More of a shallow gene pool now days
Only in America would you sue the car owner instead of the person that actually caused the problem.
Its absolutely ridiculous, trying to sue an owner who had nothing to do with this accident...totally absurd.
How in the hell would any judge not throw this out?
He explains in later in the video, the judge gave the car owner indemnity.
It took a 2nd trial to clear the owner... wow
Because the court system and our rights
from an outsiders perspective, i am always amazed at the american legal system
@@fritzkuhne2055As a Western European, I used to be amazed too, until since late 90s to 00s and worseningly continuing in 2010s and 2020s, got to notice that our legal system has become very similar, in some aspects even lots worse.
Suing the car owner is the shittiest thing you could do in this situation. That shop owner should have his license taken away for letting someone without a driving license operate a customers car
That's why the legal system should be changed. There needs to be at least a basic review process before a lawsuit is allowed to be filed.
Technically they can't operate the car outside of private property.
@@SeekingTheLoveThatGodMeans7648 what do you mean
I have been a mechanic over 40 years, Every shop I have ever worked at required a drivers license. The only mechanics that I have known that could not drive a manual transmission are young ones in recent years. Whoever is in charge of hiring should find out things like that and require them to learn how to drive anything that they work on. I think it`s the business owner`s liability.
That kid should be charged with negligence,,,and this business owner gets to pay for all damage
Absolutely unbelievable the inexperienced or wreckless kid/worker gets off Scott free and someone not even there gets it. Least we have a few judges out there that haven't lost their minds yet
another worker (probably the one who passed) had parked the vehicle on the lift for the kid to work on. he completed the job and was instructed to start it (standard to check for leaky oil filters or plug after a change). he was not operating on public roadways or breaking any laws. his boss is 100% responsible and ultimately the dealership settled with the family. the only reason the owner was sued was because of michigan's vicarious liability law, and the owner was granted indemnity.
a kid accidentally killed a senior coworker who was likely a mentor and possible friend just by following orders so yeah i dont think he deserves to be punished if anything i hope the dealership also pays for his mental health services for the rest of his life cuz he probably isn't working on cars any more
This whole situation is so incredibly awful. I put the blame on the business where the 19 year old worked. We see this so often in businesses across-the-board, management is too lazy or because of ever increasing budget restrictions nobody takes the time to properly train new employees. It's really a shame, quality service is slipping away. I guess one good thing, if anybody starts a new business and really focuses on quality customer service they will most likely have more business than they know what to do with. People will pay more to feel appreciated and be treated right.
That worked out ok for me BUT took years to get a good customer base willing to pay the extra 50% it costs to do it right
It's also the workers fault..i worked at an auto parts store and did not ever but once rev a car because I can't drive. What he did was unacceptable because he should know better as a worker without a license to start moving a shifter.
My dad currently owms/operates the auto repair shop that my grandfather (who still actually shows up and works EVERY single day, all day long, albeit at a little slower pace than he did in years past lol) literally built from the ground up and opened the doors shortly after his time in the Army, not long after the war in Vietnam was over. I'm next in line to take it over in coming years, and all my life both my dad and grandfather stressed how important it is to be honest and up front with the customers and to never rip them off or not to even make any additional repairs beyond what you told them without first talking with the customer, unless they had already given the go ahead to do whatever is necessary beforehand. That's how our shop has always been ran, and I must say that we do indeed stay SWAMPED with more work than we know what to do with, year-round. We've seen multiple other shops open in our small town, only for 95% or more to end up shutting down after a while due to lack of, or inconsistent amounts of customers/return customers. In my 33 years on this earth, I've NEVER known of such problems at our place. From the time a customer first speaks with us, it's usually at least 1½-2 weeks or more before we actually are able to begin the repairs on their particular vehicle. That's very average for us, pretty much all year long, but of course spring/summer times always seem to bring in more work than the colder months. I guess more people are out doing stuff, and breaking things when the weather is warmer lol
Thank you for sharing this.
As a drver trained on a manual transmission, it is standard practice to leave a manual transmission in gear in case the parking brake fails; its similar putting an automatic transmission in park.
Moral of the story is never let a newbie start or drive customer vheical. He should have been properly trained to put the car out of gear and apply the emergency break. This is completly the shops fault. I have been a mechanic for 20+ years. Never trust anyone. Always check and make sure ebrake is engaged and car is in park or in this case neutral. My sympathy goes out to the family that lost a good man. God bless and lets all learn from this mistake.
...or never go to a quick change establishment.
@@K03sport Pretty sure this happened at a dealership.
we were always trained to just not start a vehicle if its on a car lift off the ground... even if its only 2 inches off the ground... 1. because its a royal pain in the ass to put a vehicle that has fallen off a lift back on the lift and 2. because its just not safe... like how long and how much effort does it take to hold the down lever on the car lift...
That's a question they ask during interview. Do you know how to drive manuals? Then he attempts and dies. What if he stayed alive and drove through the shop? Completely the owner of the shops fault!
im now the older mechanic and when i walk around the shop i do whatever i can to not get into these situations. just try to put yourself where the car would not hit you if it decides to run off.
There’s no way you can be a mechanic and not walk in front of or behind cars lol
@@clamcrewcarclub6017 Of course not- and he did not say that- but you can keep an eye out when you are in front or behind a car- just as if it were a horse- duh....
@@roberthooper8883 lol I just noticed he said “try to,” for some reason when I posted that comment I thought I remembered his comment saying he never does it. Regardless, when I worked at a Toyota dealership in the service department, you were always in the warparth of at least one vehicle in busy garages, you might even be standing under a 3000 LB car balanced on some metal beams just to change the oil 😂 and we’ve all seen cars fall off lifts
@@clamcrewcarclub6017 You have only seen a car fall off of a lift if it wasn't put up correctly, or if it was disturbed in an improper way after it was up there, or if the lift itself actually failed. I don't know what century you are referring to, but every lift I have seen and/or used has a safety feature on it- some use it, some don't (some are automatic). Regardless, his comment was correct as written. But hey- it's all good! I think the point is that not enough people practice safety- they want to walk around assuming everything will always "go right" around them. When I was going thru police academy- one of the first things an old cop instructor told us was: Most people walk around in relax mode all the time. Don't walk around in orange or red mode, but stay around the yellow area- always watch, always keep an eye out. Many people who have been victims were in "relax" or blue mode, without a care in the world." I followed that advice and boy was he correct! Most people that get into bad situations- if you really go back and look- were not watching or understanding their environment very well.
This is why I can barely trust my car with anyone, too much incompetence around and you’ll get blamed!
This is why you should do your own oil changes. The incompetence of mechanics today is unbelievable.
Here's my issue with it. Say I give permission to my friend and he causes an accident. Okay I should had known better, my friend was not a professional in anyway. However, a mechanic is supposed to be a professional, there is a level trust there that goes well beyond just lending my car to a friend. Not only that but you trust the dealer has at least done some background checking and having a license seems like a requirement to be a mechanic or at least should be.
I believe we should be checking anything that may be needed in the job.
It was a non driver's license employee who was very young and didn't know how to drive a vehicle so I hope you are starting to understand....Craig.... because you seem to lack some understanding of the situation or you lack the ability to type your opinion correctly
@@glennbeadshaw727 what he is saying is you shouldn't be a mechanic if you cant even operate a car. I have no medical experience would you trust me to perform surgery on you? Do you think a hospital should hire me as a surgeon even though I have no training?
I agree. I would sue the shop because I was sued for there incompetence
@@glennbeadshaw727 Where does it say the man had no driver's license?
What car owner could do to avoid ths situation? He gave his car to a shop hoping that professional mechanics know what they are doing. Your law is just crazy.
If anything, shop should take blames for incompetence. 🤦♀️
UNJUST
Don't live in Michigan or go to a mechanic in Michigan. That's what set up this convoluted mess that required the owner to sue the dealership to be indemnified in the lawsuit filed by the victim's family.
Still, if you have insurance (as you're required to have), they represent you legally. They sue the dealership on your behalf so they will indemnify you in the lawsuit filed by the family. It's convoluted, but how this process works in Michigan.
@@karlrovey I'd HOPE that is the case at least in Michigan, but last time I looked my insurance policy (in a different state) said that its responsibilty to defend ends if it settles to the maximum policy limit. That wouldn't cover what the family sued for, not close. Hopefully the owner's insurance says "Not even one cent!" and pushes it to this point in court.
It is absurd and ILLOGICAL to blame the owner of the accident,
The boss of the mechanic shop should be sued if anything for not asking the kid if he could operate a manual transmission
My condolences, to the man who lost his life. I'm certain he will be greatly missed. It seems like it was negligence on the dealerships part. The dealership had to hire certified mechanics, not just someone who says they know about cars. Furthermore, it doesn't matter how long you have been a mechanic, safety is usually key. I'm a Handyman today, but I've been working on cars since I was 18 yrs old, I turned 51 this past June 2022. Whenever i work on a car/truck. I aways make certain that the emergency break is on, or i chuck the wheels! I'm very grateful and blessed to still be here. Thank you for the info, it's been very helpful.
You are absolutely right, safety first, always check the wheels make sure your jackstands are in the proper positions, I’ve crawled under a lot of cars in the driveway and sometimes on the side of the road to help my friends and family, God bless you stay safe
Been working on cars since I was 16 years old, I’m turning 60 in October God bless happy birthday to me I’m still here with all my fingers and hands and legs lol, this should never have happened to this man
God bless you LJ’s perspectives
@@startover125 Happy Birthday to you sir, enjoy and best wishes.
Glad to hear you still have all your limbs. I worked at a Ford auction when I was in my early twenties, I got into a Black BMW 850 that was standard but I wasn't familiar with how the car drove or the mechanics of it. Someone parked the car and whether it was intentional or not, they left the car in 1st gear, the emergency breaks weren't on. I didn't know any better, I got into the car to move it, I never noticed that it was standard and I turned the key, the car immediately jumped forward and the owner of the auction just happened to walk infront of the car. I hit the breaks, - although I had no idea which pedal to step on at that time. Frank froze right in front of my car, now i get the deer thing lol. I would have pinned this man between cars and crippled him. Frank shook my hand and said "thank you, now that was some quick thinking" I felt a rush and relieved all at once. I'm glade I didn't hurt or cripple Frank. I asked a friend at the auction to teach me how to drive a standard because I never want to live through that type of scenario ever again...I enjoy working on cars, I don't consider myself a mechanic, I'm just mechanically inclined. I also have a past history working on large manufacturing equipment performing maintenance and repair jobs. Well enjoy your day. Keep doing your thing!
@@startover125 Thank you so much, keep doing your thing. Stay safe and Gob bless! Enjoy ur weekend. 👍
This is scary. I work at a repair shop. Just imagining this situation in my head just has me shook. I pray the family of the mechanic is going to be ok.
What situation. Not knowing what ur doing. He worked at a car shop and didn't know how to operate a standard. His fault. Sorry not sorry. It is what it is.
Forreal I was has some sketchy stuff but dam
PEOPLE ARE RECKLESS....COVER YOUR OWN ASS FIRST
The state should be sued for not requiring all drivers to know how to use a manual transmission.
As a former mechanic anything can happen while working on a vehicle. I almost lost my left eye, almost had my hand chopped off setting hoist pads, tooth knocked out removing u joint retainer clip, 3rd degree burns from removing transmission pan with burnt smoking boiling transmission fluid, and more. You gotta be on your A game at all times. My condolences and sympathies. I am very sorry.
The first rule I was taught when working with another, or multiple techs on one project is to never operate the vehicle or a piece of equipment until everyone is in clear sight or has been communicated with. Everyone should be told this. It's a simple rule that saves lives and limbs.
A pristine example of "The law is an ass".
sorry negligence on the mechanic
When I first started working as a professional mechanic at my first job one of the things that was drilled into me was when a vehicle is in the shop DO NOT EVER leave it in gear. Later when I had my own shop i made sure my employees followed the same rule.
The problem is that could be the only thing keeping the vehicle from rolling away 🤷♂️
They should know about cars atleast how manual works. If they don't know they should just change the oil and leave the car for experienced mechnic check for other things. Here the job was to change the oil only.
@@willschultz5452 parking brake?
@@tailschoo6148 Assuming that it works, alot of peoples parking brakes do not work🤷♂️. When you start up a car with a standard transmission you should always have one foot on the brake. Then you make sure it's in neutral before you let the clutch out
The long and short is that someone did not know how to operate the vehicle resulting in death. I've had to ask an owner how to put the vehicle in reverse when a safety switch was involved. Foreign and newer vehicles had such; the old vehicles on which I learned didn't have those safeties. I think that sometimes safeties give a false sense of safety...sometimes.
I've been doing my own service since I was a kid, never had a problem like this. It's not the owners mistake. The mechanic should have never touched something he was not familiar with. Now I will never take my car to someone I can't trust.
I was a mechanic for 20 years you never touch the controls of a car or tractor or any mechanical device unless you are seated in the seat behind the wheel
@@B44SB66 I hear that.
🚫 NONESENSE...Thats why the dealership has liability insurance and workermans comp...
While it sounds ridiculous it is the law in some states, they sue the owners insurance company which in turn sue the dealership to recover their costs. Common sense would dictate that once the vehicle is under the possession of the shop all legal liability will fall on them but common sense is something which is sadly lacking in the courts.
the 19 year old should be sued