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Started By
Message
OT liability question. Car vandalized at a repair shop UPDATE
Posted on 7/24/18 at 9:40 am
Posted on 7/24/18 at 9:40 am
Person A parks their car at a repair shop. Overnight someone decides to pour paint thinner down one side of that car and no other cars. Is the repair shop liable for the damages caused by the vandal according to Louisiana law?
This is not a gated parking lot
There are no security cameras
There is no charge to park here
Tried to go to small claims, I took it to big boy court. He gave up.
This is not a gated parking lot
There are no security cameras
There is no charge to park here
Tried to go to small claims, I took it to big boy court. He gave up.
This post was edited on 12/4/18 at 4:58 pm
11
Posted on 7/24/18 at 9:52 am to Placebeaux
im gonna say no and good luck
Posted on 7/24/18 at 9:56 am to Placebeaux
Is your car there for repair? Or is it just parked there?
Posted on 7/24/18 at 9:59 am to Placebeaux
Who had care custody or control of the vehicle?
Posted on 7/24/18 at 10:01 am to tigerpimpbot
If you were just parking there and it not getting it repaired by them, I would guess you are responsible.
Posted on 7/24/18 at 10:10 am to TheDeathValley
If it was there to be repaired their insurance should cover the damages
Posted on 7/24/18 at 10:14 am to Placebeaux
You, the shop owner, should try to make it right. Don't you have insurance?
Posted on 7/24/18 at 10:17 am to Placebeaux
Is the repair shop in possession of the vehicle because they're doing repairs on the car? If yes, then the repair shop should have a garage keeper's insurance policy that would cover this.
But...
This sounds like your car isn't there for repairs and you just decided to park in their lot, in which case they aren't responsible.
ETA:
If someone parked their car in Walmart's parking lot while doing grocery shpping and someone keyed the car, Walmart isn't liable for that.
But...
quote:
There is no charge to park here
This sounds like your car isn't there for repairs and you just decided to park in their lot, in which case they aren't responsible.
ETA:
quote:
Is the repair shop liable for the damages caused by the vandal according to Louisiana law?
If someone parked their car in Walmart's parking lot while doing grocery shpping and someone keyed the car, Walmart isn't liable for that.
This post was edited on 7/24/18 at 10:21 am
Posted on 7/24/18 at 10:20 am to Placebeaux
If person A parked in their lot but did not turn over custody of the car to them, they are not responsible. Person A may have even been trespassing.
Was it paint thinner or or paint remover. Most paint thinner I’ve seen (like mineral spirits) would not do anything to a car’s finish.
High likelihood that someone affiliated with repair ship did it if person A parked their without permission, which would be illegal.
Was it paint thinner or or paint remover. Most paint thinner I’ve seen (like mineral spirits) would not do anything to a car’s finish.
High likelihood that someone affiliated with repair ship did it if person A parked their without permission, which would be illegal.
This post was edited on 7/24/18 at 10:21 am
Posted on 7/24/18 at 10:21 am to Cosmo
dropped it off for repair
Posted on 7/24/18 at 10:24 am to Placebeaux
quote:
Is the repair shop liable for the damages caused by the vandal according to Louisiana law?
Your won't get any help from the repair shop for that, in my opinion. Your insurance will cover it though.
Posted on 7/24/18 at 10:25 am to Placebeaux
They should be on the hook for it then
Posted on 7/24/18 at 10:25 am to Placebeaux
Repair shop may be liable. Do some research into bailment.
Posted on 7/24/18 at 10:31 am to Placebeaux
If you handed the car over for repairs, there is a duty of care required by the shop. If this shop is operating correctly, they should have garage or garage keepers coverage to take care of this. If not, get a lawyer.
Posted on 7/24/18 at 10:32 am to Placebeaux
File a comp claim, pay your $100 and move on with life.
ETA Let me add that you do this in order for your car to be repaired sooner than later, and let your insurance company deal with getting their money back.
ETA Let me add that you do this in order for your car to be repaired sooner than later, and let your insurance company deal with getting their money back.
This post was edited on 7/24/18 at 10:34 am
Posted on 7/24/18 at 10:34 am to Placebeaux
quote:
dropped it off for repair
Then why in the hell would you even mention that there's no charge to park there.
Posted on 7/24/18 at 10:48 am to Ignignot
Because most claims of liability revolve around money changing hands and from what I have researched businesses are only liable if they charge to park and claim to provide secured parking.
Posted on 7/24/18 at 11:00 am to Placebeaux
Nope.
This is why rental places tell you they're not liable for damages if anything happens to a drop off overnight.
This is why rental places tell you they're not liable for damages if anything happens to a drop off overnight.
Posted on 7/24/18 at 11:20 am to Placebeaux
quote:but you didn't park there, you dropped it off there for service. As long there's a clear chain of sustody I don't see why they wouldn't be liable.
Because most claims of liability revolve around money changing hands and from what I have researched businesses are only liable if they charge to park and claim to provide secured parking.
Posted on 7/24/18 at 11:41 am to castorinho
If the shop has Garage Keeper Liability, think there is a fence requirement, hope you have comprehensive
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