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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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