Sueing the Auto Car Wash???

[Kelvinltk]

Recently, during the auto car wash, the rollers dropped onto my car, causing damages and head injury. However, there are signs in the auto car wash stating that they will not be liable for any injury or damages. Can I sue the company? If yes, base on what. What will their likely defense be and how to overcome them???

 

[I AM ALWAYS LIABLE]

Recently, during the auto car wash, the rollers dropped onto my car, causing damages and head injury. However, there are signs in the auto car wash stating that they will not be liable for any injury or damages. Can I sue the company? If yes, base on what. What will their likely defense be and how to overcome them???

My response:

Yes, you can sue for your damages - both to your property or your person. Their "disclaimer" is only a defense IF the machine is operating normally and is operating as it was designed to operate. It does not protect them from defects in it's design or a failure to maintain it in proper working order. Obviously, it was not meant to cause injury or damage, and their failure to maintain the machine in proper working order is "negligent", and thus, they are on the hook to you.

IAAL

 

[Kelvinltk]

Thanks

Thanks for clearing my doubt!!!