Is a towing company liable for damage to a car once parked inside their fenced property?

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Is a towing company liable for damage to a car once parked inside their fenced property?

My car was towed by a company. When I picked the car up, I could not go over 25 mph without the back end fishtailing all over the place. The back tires were bowed out, as if there was something bent or broke in the rear. I had the car taken to a service shop to find out that the trailing arm was not only bent but cracked. There is a mark on the piece as if something was putting pressure/weight on it. I have now been informed that when I was waiting for my car to be brought up from the fenced area, there were other cars blocking it that an employee moved out of the way with a forklift. After learning this, I have since looked at the trailing arm and believe that the damage done was due to them moving it with a forklift. My car was in working order until it had to be towed. The company has cameras all over the lot, so I am sure it’s on video. With this information, do you believe that the towing company is liable?

Asked on October 21, 2016 under Business Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The towing company is liable for negligence which is the failure to exercise due care (that degree of care that a reasonable towing company would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car.


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