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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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