I had my BMW automobile at 8 authorized repair shop. While there and suffered hail damage. My insurance policy doesn’t cover hail damage, are they as a business liable for damage while my car was on their property?

The details were in the
question they have my car
they were doing repair now
they’re telling me that the
cost to repair the hail
damage is greater than the
value of the car. Are they
responsible for the hail
damage?

Asked on April 1, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they are not liable for hail damage: a business or property owner is only liable for damage to other person's property at their business or location if the business or property owner was at fault in causing the damage (e.g. their employee tripped while using a blowtorch and started a fire, or backed a company vehicle into your car, etc.). But they are not responsible for the hail--that is something beyond their control (it is "an act of God")--and so they were not at fault and are not liable.


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