Legal Question in Consumer Law in Washington

Car broken into @ dealership

A friend of mine took her vehicle to the car dealership she purchased her car from for an oil change. She dropped her car off on Friday and was to pick it up on Tuesday. On Tuesday morning she received a call that her car was broken into. Long story short: broken windows, heavily scratched paint and stolen items. The dealership said that they were not responsible but did not have any visible signs nor any paperwork that she signed stating that they were not responsible for lost or stolen items. They told her that per WA Law they are only required to lock their gates and ensure that they locked the doors and above that no responsibility and that is a verbal agreement. She is taking them to small claims as they have not responded to complaints to BBB or WA Attorney General... Does she have a case? Something just doesn't seem right that they wouldn't pay her deductable or accept any responsibility.


Asked on 12/11/07, 8:10 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Car broken into @ dealership

Don't take legal advice from someone who may well turn into an opposing party. Her car was damaged while in the care and custody of the dealer, and property from inside is missing.

It is not possible to contract around negligence, no matter how earnestly the dealer tells you they can do that. They cannot.

This is a bailment case, and there is a duty of care to persons who leave property in the care of another especially for commercial purposes. I would bet money that the dealer has a premises liability policy to cover mishaps like this.

The elements of a negligence case are duty, breach, proximate cause and damages. If you can prove each element, chances are a judge will agree with you and make an award in her favor to make her whole again.

The most she can get in small claims is 4K. Does she have insurance? Has somebody valued the cost of repair? She'll need that.

This isn't the sort of thing the BBB or the AG is able to handle.

She may be able to find an attorney who can help her if the case is worth more than 4K. If the dealership is smart, they will lawyer up and remove the case to District Court. If that happens, don't worry, but you will definitely need a lawyer.

Hope this helps. Elizabeth Powell

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Answered on 12/11/07, 10:28 pm


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