What to do if I had towed my car to the shop for repairs and the shop moved my car off its premises and it was stolen?

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What to do if I had towed my car to the shop for repairs and the shop moved my car off its premises and it was stolen?

They didn’t fix my car and basically “threw it away”. Can I sue them?

Asked on May 2, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be able to sue them. When a repair or mechanic's shop accepts a car for purposes of repairing it, it undertakes a duty to exercise care with regards to that car. If they cause the loss of that car due to either an intentionally wrongful act or by being negligent (unreasonably careless), they can be liable for that loss. So if, under the circumstances, it would have been wrongful or negligent to have moved your car off premises to the location it was moved, that could provide a basis for holding them liable.


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