If I got my car wash at a car wash business, and after I left I notice that are spray marks and they won’t come off, can I sue?

I went to a local car wash business and let them change my oil and wash my car. My car was the last car to be wash before they closed. When I got home a saw where someone sprayed something on my car. I tried to wipe it of but it would not come off. Its all over my bumper, hood, and headlights. Can I sue to get them replace?

Asked on July 26, 2012 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you can show that the spray marks are the result of the car wash's negligence (or unreasonable carelessness), such as defective equipment, a careless act by an employee, etc., or a deliberate bad act by an employee then you may be able to sue for the cost to repair the damage (e.g. get the car professionally cleaned, or if that does not/will not work, repaint).

However, if the car wash did nothing wrong--e.g. even if you hadn't noticed it previously, it had been sprayed on your car elsewhere; or the marks or the result of the wash soap or wax (etc.) interacting badly with some substance which previously had gotten on your car--they would not be liable. Therefore, the key issue is whether you can establish the car washe's fault and responsibility for the marks.


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