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Started By
Message
Calling Lawyers of the OT: Liabiliy for damages to customer property
Posted on 12/4/18 at 4:00 pm
Posted on 12/4/18 at 4:00 pm
LINK
TLDR; Customer brings his car to a shop for work. Shop technician takes the car on a "test drive" (joyride), does an illegal U Turn and wrecks the car.
Shop told car owner to file on his own insurance, citing that the owner signed a waiver when dropping off the vehicle for work.
I would think that you cannot be categorically absolved of any and all liability for a customer's property regardless of whatever waiver they sign , especially due to gross negligence, and furthermore negligence involving breaking the law.
Lawyers of the OT, any experience with similar cases? How did it turn out?
TLDR; Customer brings his car to a shop for work. Shop technician takes the car on a "test drive" (joyride), does an illegal U Turn and wrecks the car.
Shop told car owner to file on his own insurance, citing that the owner signed a waiver when dropping off the vehicle for work.
I would think that you cannot be categorically absolved of any and all liability for a customer's property regardless of whatever waiver they sign , especially due to gross negligence, and furthermore negligence involving breaking the law.
Lawyers of the OT, any experience with similar cases? How did it turn out?
19
Posted on 12/4/18 at 4:02 pm to CptRusty
I don’t think the waiver is worth the paper it’s printed on.
Posted on 12/4/18 at 4:02 pm to CptRusty
I think someone here said it before but no matter what you sign, everything can be argued essentially in court.
I'm not a lawyer but just my .02. Even if you sign away liability that should be when standard procedure of fixing the vehicle is being done. Ole mechanic baw driving illegally is not standard procedure.
I'm not a lawyer but just my .02. Even if you sign away liability that should be when standard procedure of fixing the vehicle is being done. Ole mechanic baw driving illegally is not standard procedure.
Posted on 12/4/18 at 4:04 pm to CptRusty
Hope the shop has garage insurance
This post was edited on 12/4/18 at 4:05 pm
Posted on 12/4/18 at 4:06 pm to CptRusty
Shop pays. I worked a similar case not too long ago.
Posted on 12/4/18 at 4:06 pm to CptRusty
Posted on 12/4/18 at 4:07 pm to CptRusty
That was in Florida. You will need to consult a Florida lawyer.
Posted on 12/4/18 at 4:07 pm to CptRusty
quote:
Shop told car owner to file on his own insurance, citing that the owner signed a waiver when dropping off the vehicle for work.
I'd tell that shop owner to go ahead and turn it over to his insurance carrier because the civil sheriff is about to bring him a Christmas gift.
Posted on 12/4/18 at 4:07 pm to CptRusty
Posted on 12/4/18 at 4:07 pm to swamplynx
Shop pays. Signing a waiver doesn’t absolve them of clear negligence.
Posted on 12/4/18 at 4:07 pm to CptRusty
The article provides details about the “joyride” that could complicate matters.
The test drive appears to be part of the service, not a rogue mechanic. Also, the customer might not have consented to the test drive, but he was notified and didn’t protest.
quote:
Two days later, when Hansen went to pick it up, he was told a technician would take it for a quick test drive while he paid the bill, but then something unexpected happened.
The test drive appears to be part of the service, not a rogue mechanic. Also, the customer might not have consented to the test drive, but he was notified and didn’t protest.
Posted on 12/4/18 at 4:08 pm to Ghost of Colby
I think it’s the illegal U-turn that will get the shop.
This post was edited on 12/4/18 at 4:09 pm
Posted on 12/4/18 at 4:09 pm to Ghost of Colby
quote:
Also, the customer might not have consented to the test drive, but he was notified and didn’t protest
Fair point, although I'm thinking the illegal u-turn may be a bit of a problem.
Posted on 12/4/18 at 4:12 pm to CptRusty
quote:
Shop technician takes the car on a "test drive" (joyride), does an illegal U Turn and wrecks the car.
That waiver is for unintentional damages. Not willfull frickery by dropout employee.
Posted on 12/4/18 at 4:12 pm to CaptainsWafer
I'd never be so cavalier and unprofessional as to give actual legal advice on a message board, but I think folks should know this is what Louisiana Civil Code article 2004 says:
LINK
quote:
Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.
Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.
LINK
This post was edited on 12/4/18 at 5:57 pm
Posted on 12/4/18 at 4:14 pm to CptRusty
Shop is retarded if they told him to file on his insurance. Even if he does, there is a subrogation action coming.
And that waiver isn't worth the paper it is written on. Waivers can protect against things but liability for something not reasonably foreseeable isn't going to be covered.
And that waiver isn't worth the paper it is written on. Waivers can protect against things but liability for something not reasonably foreseeable isn't going to be covered.
Posted on 12/4/18 at 4:15 pm to Ghost of Colby
quote:
The test drive appears to be part of the service, not a rogue mechanic. Also, the customer might not have consented to the test drive, but he was notified and didn’t protest.
I'm failing to understand the significance of this. The damage is still on the shop even if the test drive is regular procedure and was consented to. You can't just contract away negligence
Posted on 12/4/18 at 4:24 pm to CptRusty
quote:
Fair point, although I'm thinking the illegal u-turn may be a bit of a problem.
I agree. I’m not arguing in favor of the shop. It’s another caveat to the story that already involves lawyers and insurance companies.
Common sense rarely applies in such situations.
Posted on 12/4/18 at 4:29 pm to CptRusty
Vehicle was in the care and custody of the garage. The garage owner is liable. Waiver doesn’t matter one bit.
Hopefully they’ve got a garage owners policy
Hopefully they’ve got a garage owners policy
Posted on 12/4/18 at 4:31 pm to jscrims
(no message)
This post was edited on 2/26/21 at 1:14 am
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