Legal Question in Civil Litigation in New York

Automobile repair shop liability

My car was broken into while at a repair shop and the dash ripped off. The shop refuses to assume responsibility because of the fine print in the standard contract - "The shop does not assume resposibility for damage in case of theft". Is this kind of a contract even legal? Also, do I have any legal grounds for taking the shop to court over this?


Asked on 1/13/98, 6:07 pm

1 Answer from Attorneys
John Smargiassi The Law Office of Raymond H. Wong, PC

Repair shop Liability

The repair shop is under a duty to use ordinary due care in safeguarding your car. If the shop failed to use ordinary due care, then the shop will be responsible for the damage. The shop should also have insurance to cover its loss. If you want to pursue this case, I suggest you go to small claims Court. Good luck.

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Answered on 1/22/98, 9:18 pm


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