Is the dealership responsible for car-part theft on their property? Michigan

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Is the dealership responsible for car-part theft on their property? Michigan

My car was at the dealership for repairs on the exhaust. While in their
possession, my catalytic converter and other exposed parts were stolen. The
dealership insists that with my signature on the work order, I agreed that they
are not liable for damages. It seems to me that their insurance should be billed,
as my vehicle was in their possession. This incident took place in Michigan.

Thank you for your time,
Rachel

Asked on September 17, 2019 under Business Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The dealership is liable for negligence for the stolen parts.  Negligence is the failure to exercise due care (that degree of care that a reasonable auto dealership would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the matter is not resolved, you can sue the dealership for negligence in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the replacement cost of the parts.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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