It depends. There have been cases that have gone both ways. Recently there was a case where a mechanic at a dealership failed to torque the lug nuts on one wheel on a vehicle and it fell off causing damage. In court the mechanic admitted that they forgot to torque the lugs. The judge ruled in favor of the dealership because the dealership attempted to make repairs. The owner of the vehicle didn't even get their money back on the tire rotation. https://youtu.be/JgmHxSKHpgc