Can a carwash still be held liable for the damage to my car if they have a sign posted that they are not responsible??

I went to a mechanical car wash at a gas station. After leaving I pulled out my mirrors and noticed there was damage to my right front fender. The side posted on the car wash says, “Due to the various shapes and sizes of cars we are not responsible for any damage.”

Asked on August 26, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

May I ask: did you in fact report the damage to the car wash immediately when you noticed the damage and fill out a report or did you already leave the premises?  No business can be totally immune from liability by posting a sign (or writing on the back of a parking garage ticket either). But the problem here is that you can not prove that the damage was done at the car wash if you left the premises prior to filing a report.  The owner is going to say that the damage was done outside his car wash - either before you went or after you left - and you have no proof otherwise (like a report).  If I have not stated the facts properly here please write back.  Good luck.


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