If my windshield was damaged using the window cleaner at a gas station, are they responsible for damages?

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If my windshield was damaged using the window cleaner at a gas station, are they responsible for damages?

Asked on October 2, 2012 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on--

1) Was there something defective or dangerous about either the squeegee or the cleaning fluid? For example, did the squeegee have its rubber come off, leaving just a metal frame which could scratch a window? Was the cleaning solution adulterated with paint or something else harmful? If the station provided a defective or dangerous cleaner, then it could be liable.

2) If nothing was actually wrong with the cleaner, but it happens that either your window was previously damaged and weakened, so that even normal cleaning would damage it more, or the person using the cleaner used it incorrectly (e.g. pressed too hard), the station would not be liable; they would only be liable if they were at fault in some way.


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