Legal Question in Consumer Law in New York

Car Detail Shop Liabilities

Hi, I brought my car into a detailing place to get my interior and exterior fully cleaned. When I went to pick it up, the manager said my key wasn't turning. He asked me to leave my car at the shop until they could call a mechanic. Would they be responsible for the mechanic charges? The manager mentioned if they did something, they would pay- but if the mechanic says something else was wrong- then I would be liable. At the end of the day- my car was working fine before I brought it in and whatever happened to it while in their care, would be their responsibility. Correct? Thank you.


Asked on 2/08/09, 6:45 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Car Detail Shop Liabilities

The car shop's holding the car during its detailing is a "bailment" situation. It is similar to you checking your coat at a restaurant or your dog at the kennel. A bailment is when one entity holds onto personal property of another individual.

If the detailing shop's holding of the car was reasonable and customary, and something happens to the car, the shop would not be responsible. For example, if you had a faulty engine and the car blew up while at the detail shop, the reason for the destruction of the car was not the shop, rather, it was the manufacturer of the engine. However, if the shop left the car outside during a rain storm with the windows open, the shop would be responsible.

Therefore, to answer your question, if the shop broke the key in the ignition because they used too much force with the key, or used the wrong key, they would be responsible for repair. If the car's ignition is faulty, through no fault of the car shop, you would be responsible.

Mike.

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Answered on 2/08/09, 7:45 pm


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