Is the repair shop responsible for the damage they admittedly caused?

UPDATED: Jan 14, 2012

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Is the repair shop responsible for the damage they admittedly caused?

I went to a repair shop to have my oil changed. At the time of check out the employee hands me the plastic hood release knob and tells me that it broke during the process. It would seem to me that it could only break due to excess force, not common wear and tear. Because of this I have to have the whole cable replaced. However, their service agreement states, they are not responsible for any damages caused. Do I have any recourse?

Asked on January 14, 2012 under Accident Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Regardless of what the service agreement of the auto shop states, the auto shop is responsible for the damages its employees cause to a customer's car. The purported release of liability in the service agreement that you have written about seems to be in violation of public policy and would be void (having no legal force and effect).

If your car was damaged by an employee at the auto shop and not fixed gratis, your recourse is to take the car back for repairs at the cost to be born by the car repair shop, not you.

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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