Liability for brake failure really depends on why the brakes failed. For example, if you needed to replace your brake pads but never got around to it, and you wore the pads all the way down, and that's what caused a brake failure, then you don't have a claim against another party, because you're at fault yourself. However, if you took your car in for service to a brake pad company, and they didn't install the brake pads correctly, then you might have a claim against the repair facility. Or, if the brake pads themselves or the braking system was defective in some way, you may have a product defect claim against that company who manufactured that product. It really depends on who caused the failure, and that's the basis for a claim against that party.