If I took my car in to have the tires rotated but when I received the car back the back window was down and would not operated, are they liable?

They told me that they did nothing wrong to the car, so they could not accept responsibility for the malfunction. They said they lower the windows to check visibility when they rotate the tires. Why, I do not know. All I do know is that the window was not operable when I picked up the car. I think they should pay for fixing it as it was under their care when it broke, whether they did something negligent or not.

Asked on July 16, 2012 under Business Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A repair shop is not liable for any/all damage done while a car is in its care; it is liable only for damage caused by its (or its employee's) negligence, or carelessness, or intentional bad actions. If the shop lowered the window the same way you or any other driver would, and did not hit the door or window or do anything else to break it, the shop would not be liable.

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