What to do if my truck was stolen from an auto dealership over the weekend?

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What to do if my truck was stolen from an auto dealership over the weekend?

I do not know my rights in regards to what the dealership has to do or when they have to settle?

Asked on May 15, 2012 under Business Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

You could sue the auto dealership for negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable auto dealership would have exercised under the same or similar circumstances to prevent foreseeable harm). 

In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause and damages.

Actual cause means but for the auto dealership, would your truck have been stolen?  If the answer is no, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the auto dealership of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit.  Your damages would be the value of your truck.


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