Liability warning on cars

DODGY mechanics who fail to identify defects during safety checks could be liable for deaths or accidents.

Earlier this week, Gold Coast man Anthony Descas was acquitted of unlawful use of a motor vehicle causing the death of Rebecca Liu after a jury found her death was caused by a mechanical defect of Mr Descas’ car and not his dangerous driving.

During the trial the court heard the 2000 model Commodore Mr Descas was driving when he had an accident on Marine Pde at Southport three years ago had faulty headlights and ABS brakes but had been given the green light by a local mechanic.

Maurice Blackburn Lawyers Gold Coast managing lawyer Claire Gibbs said the mechanic who passed the safety check on the car just one day before the accident could be the subject of legal action for the death of Ms Liu.

“Potentially he could be liable if the family of the deceased bring a dependency claim,” she said.

“(That is) If they could show the defect should have been picked up and you could prove that it caused the accident.

“Sadly no one is going to bring this young woman back. It’s very sad and should cause everyone involved to sit back and take stock of the very important responsibility we all have to ensure vehicles are mechanically sound.”

Shine Lawyers Gold Coast’s Kimberly Allen said the decision was a “warning” to mechanics, car repair companies and car manufacturers of their responsibilities. “When you take into account the magnitude of the risk ... it is a really important responsibility they hold,” she said