Disclaimer and Property Damage

[chenga27]

I brought my car to the dealership for maintenance while I was on vacation. When I got back, they told me that the shop was vandalized and my car was one of the car they damaged. The Shop said they are not responsible for my lost since when I brought my car in, I’ve signed a disclaimer that states the Shop is “Not responsible for loss or damage to car or articles left in cars in case of fire, theft, or any other cause beyond our control.” However, the only cars that were damaged were those that left alone in the lot instead of locked up inside the shop. Can the shop get away w/ the disclaimer or can I argue that they are negligent for not locking up my vehicle, which is in their control?

 

[David J. Miller]

I believe they should be liable. Their insurance should cover your losses. I do not believe their disclaimer has any merit. However this may be jurisdictional so you need to indicate what state you live in for an attorney to properly respond. And you should not stop at just my advice, check back for additional responses.