Is a car dealer liable for storm damage to a vehicle?

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Is a car dealer liable for storm damage to a vehicle?

Vehicle was left in the care of a car dealership in order to have certain repairs done. Prior to the repairs, a hail storm damaged the vehicle that was parked outside on the dealer lot. Is the dealer liable for damages to a car left in its care? There was not an agreement to house the vehicle under cover. The dealership was not negligent. The storm was an “act of God”.

Asked on June 11, 2012 under General Practice, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the car dealership is responsible for damages caused by a hail storm, an act of god depends upon what the delaership's custom and practice is with respect to cars that it is repairing being inside or outside of an enclosed building to be protected from the elements.

If the dealership typically has cars inside for protection from the elements, then there is a chance that it could be responsible for the hail damage to the vehicle it had in its custody and control.


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