Legal Question in Consumer Law in New York

Liability of car repair shop
My daughter left her car at a repair shop. The next day she called and was told it would be ready Friday.
The car has a problem with the locks, but they can be locked,with difficulty on opening. There was a 300 dollar CD player installed in the car. On Friday they
again failed to contact her and when she called was told they were waiting for a part.On Monday they called and said the car is ready but your CD player has been stolen. They filed a police report and told us they were not responsible for the loss. I asked if his insurance didn't cover this. He said, only inside the shop. We have the repair receipt, which my daughter never signed. There is a disclaimer at the bottom about theft but it was not pointed out to us, nor was she asked to sign in the place that indicated agreement. Isn't it the repair shop's responsibility to safeguard a car waiting for repair? If he didn't lock it he could have put it in the garage at night. The theft occurred on the Sunday night before she picked it up. It was left sitting in an open lot on a busy street for 7 days
unlocked. Do we have any recourse? How can we even know if he took the player himself, if they have no responsibility? Thank you in advance,--name removed--

Asked on 7/17/01, 10:19 am

Garry Hanlon

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Re: Liability of car repair shop

Sue in small claims court for breach of a

bailment contract (failure to return in

the same condition)

Answered on 7/17/01, 8:54 pm

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