Legal Question in Insurance Law in West Virginia

Re: Car Theft

The garage owner is a bailee. He owes a duty of due care. In order to determine whether he breached the duty of due care, and was negligent, he must meet the standard of what a reasonable person would do or not do in the same circumstances. For example, if this is a high crime area, due care may require him to have a locked enclosure or post a guard or cameras as a security matter. Obviously, if the shop owner left the car unlocked or the keys in the car and unattended, he or his insurance company will be liable for the loss. On the other hand, he is not an insurer of the car, he is not responsible for loss not preventable by him.