Legal Question in Business Law in Texas
liability of accident INSIDE car wash
I went to a car wash. The workers took control of my car and told me to wait in the waiting room. They vacumned the car and then drove it to the entrance of the wash. once inside, the wash machine ripped off the bug deflector. the deflector fell ontop of the track the car was driving in. My car drove over the deflector causing it to break as well as causing damage to the side of my car. the owner says he is not liable for the damage to either the car or the deflector. I just wanted to know if there was anything that I could do. The total cost to get the car fixed and the deflector replaced is $288.19 and I think that since it happened on his premisis and the fact that his workers were in control of the vehicle that they should pay for the damages.
1 Answer from Attorneys
liability for car wash damage
Let me caution you that I am in Pennsylvania and so I don't know anything about Texas law. But if you came into my office with this question, I would have to tell you that just because the damage occurred from the work of the car wash, that does not make them responsible. Instead, you need to show either that the employees were negligent, or that you had a contract whereby the car wash guaranteed the safety of your car.
Most car washes that I have seen have a big sign which warns people that they are not responsible for damage to things like antennas and non-factory equipment. In order to answer your question, we would need to know what type of disclaimers or posted at the place.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, andyou should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fullyinformed of all the pertinent facts and who is familiar with the applicable law.
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