Legal Question in Civil Litigation in Utah
autodealer responsability to asure safe keeping.
A local auto dealer notice I had a auto for sale and said he had an interested buyer and asked if he could show the car to someone. I told him the minimum I would need to have for the auto and he took the car to show it to a client. I informed him that it had special custom equipment that was very valuable and that if he could not return it quickly to lock it up inside his building to better avoid a chance of theft or damage.After contact every day over the next 3 days he had not made the deal yet. I told him I wanted the car back and he finally told me that the custom wheels and tires had been stolen from the car while on his lot and he had no insurance to cover the loss. I am now left with having to replace the tires and wheels valued over 3400.00 dollars and he is not willing to pay the cost.Is there neglect and responsability on the dealers part to compensate me for the loss and possible punative damages for neglect?
2 Answers from Attorneys
Re: autodealer responsibility
Normally, anyone who holds property for another is responsible to keep it safe. If you can prove the value of the property, you do indeed have a claim against him.
Normally, the vlaue to which you are entitled is the value of the wheels on the date they were stolen, not the cost of replacing them. The law considers you to be better off now, since you have new wheels, and the dealer is responsible only to return you to the position you were in just before the theft, i.e., with old wheels.
Check whetehr there is a small claims court available to you. The small claims court is a special court designed for people to sue without hiring lawyers.
You might also check your local law to see whether such car dealers are required to have insurance as a requirement for obtaining a licence to do business.
Check also the Better Business Bureau to see whether there have been similar complaints against him.
Normally, what he did, or did not do, would not, however, be a criminal offense.
Good luck!
Susan Freiman
The Legal Clinic
P.O. Box 9407, Herzlia Street 29
Re: autodealer to asure safe keeping.
At first it would seem obvious that he took responsibility
for the care of your car, etc., and you have rights. (See "bailment"
under your state law.)
However, you may have to prove that he was negligent, that is, that he
did something 'stupid' which led to the theft. If he took decent care
of the car, kept it locked up, and it happened anyway, he might be off
the hook. BUT that's very much a question of local (state) law, and
you should ask an attorney and don't just wing it on your own, in my
opinion. Don't get caught tipping your legal hand by asking too many
questions of the autodealer on your own until you've talked strategy
with your own lawyer.
It's very unfortunate.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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