Is a car dealership responsible for hale damage sustained while under their custody and control?

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Is a car dealership responsible for hale damage sustained while under their custody and control?

My car was left at dealership for
maintenance and while it was under
their custody and control it sustained
serious damage possibly totaled. Is the
dealership responsible for the
damages?

Asked on April 15, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are responsible if at fault for the damage. So if an employee hit it with another vehicle or drove it into something, or scratched it with a tool, they would be liable; they would also be liable if it was vandalized by a third party due to the dealership having inadequate security, or in some other situation where they caused or meaningfully contributed to the damage.
However, they are not your insurer--they are *only* liable if at fault. If the damage had nothing to do with them--e.g. high winds blew something into it; someone not employed by the dealership (e.g. another customer/client) drove into it; etc.--they would not be liable.


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