Legal Question in Personal Injury in Washington

Property damage and the disclaimer

My car was brought to the dealership for maintenance while I was on vacation. When I got back, they told me that the shop was vandalized and my car was one of the car was damaged. The Shop said that they are not responsible for my lost since when I brought my car in, I�ve signed a disclaimer that the shop is �Not responsible for loss or damage to car or articles left in cars in case of fire, theft, or any other cause beyond our control.� However, the only cars that were damaged were those that left alone in the lot instead of locked up inside the shop. Can the shop get away w/ the disclaimer or can I argue that they are negligent for not locking up my vehicle, which is in their control?


Asked on 12/11/00, 2:36 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Property damage and the disclaimer

Such disclaimers are often not valid when a "bailment" is formed -- that is, when they take full possession and control of your vehicle. I'm not precisely sure of the state of Washington law on that, since I am not licensed in Washington (my associate is), so I can't give you specific legal advice. BUT, as a practical matter, I'd insist that the shop put you in touch with their INSURANCE COMPANY, to avoid a lawsuit by you. The shop almost surely has what's called a "garageman's" policy, which may well cover this loss, regardless of Washington law. Give that a shot first. If they balk and raise the disclaimer, tell them that the shop DID cause damage as a result of negligence that WAS within their control: They failed to lock up your car indoors, like they did with all the other cars.

If contacting the insurance company doesn't work, contact a Washington lawyer who handles consumer law for more info and legal advice. Good luck!!

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Answered on 12/12/00, 3:05 am


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