IS AN AUTO SHOP LIABLE FOR PROPERTY STOLEN FROMA VEHICLE WHILE IN THEIR CARE?
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IS AN AUTO SHOP LIABLE FOR PROPERTY STOLEN FROMA VEHICLE WHILE IN THEIR CARE?
MY VEHICLE WAS PARKED ON THE SHOP’S PROPERTY IN AN UNSECURED LOT WAITING FOR TRANSMISSION REPAIRS. IT WAS TOWED BY THEM TO THEIR SHOP ON 7/8/10 AND WHEN I PICKED THE CAR UP ON 7/21/10 I FOUND THAT MY PORTABLE GPS DEVICE HAD BEEN STOLEN FROM THE GLOVE BOX. THEIR WORK ORDER STATES THAT THEY ARE NOT RESPONSIBLE. BUT WASN’T IT NEGLIGENT OF THEM NOT TO FENCE IN THIS LOT TO ENSURE THAT A CUSTOMER’S CAR IS SECURE? WOULDN’T THAT NEGLIGENCE MAKE THEM LIABLE? FURTHERMORE, NONE OF MYUWINDOWS WERE BROKEN.
Asked on July 23, 2010 under General Practice, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The legalities that covers your set of circumstances is known under the law as a "bailment". Specifically, it is the delivery of personal property to another in trust for the execution of a special project in relation to the goods. There is a contract, express or implied, as to the services rendered. The ability to recover for property stolen in the car while it is in their possession will depend on your state laws, which will take in to account many factors. The work order may be one of them. Whether or not they can transfer responsibility back to you or is the order is considered notice - those are for an attorney in our area to discuss. I would consult with someone. Did you consider putting in an insurance claim and maybe having the insurance company go after them? Good luck.
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