Is a car wash liable if their moving machine took the paint off of my passenger mirror?

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Is a car wash liable if their moving machine took the paint off of my passenger mirror?

Recently bought a brand-new vehicle. I went through an automatic carwash and when the machine was moving there was a bolt on
the right side that was too close to my vehicle that scratch the paint off of my right passenger mirror. Granted there is a sign outside
that says not liable for any damage. The manager called me back and informed me they were not liable since I made the choice to
use their car wash.

Asked on March 15, 2016 under Accident Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Despite their sign, they can still be liable if the bolt was placed or located incorrectly--in a place which was unreasonably dangerous. People and businesses cannot escape liability when they are negligent, or unreasonably careless. (What that sign means is that if your car is damaged by a properly working machine through no fault of the car wash, you can't sue.) If you believe that the bolt was in an improper or unreasonably dangerous place, then you can sue the car wash for the cost to repair or repair; if you can convince a court that they were at fault, you can get a judgment in your favor.


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