Ducati Sporting Club UK > General > Idle Chat > A legal liability question

[rockhopper]

I'm fairly certain there is case law to back up your claim. Something to do with a hotel keeping valuables in their safe and denying responsibilty when they got stolen. I'm almost 100% certain that you would win but you need to take advice from a solicitor.

[rcgbob44]

I read a case recently about a motorcyclist who took his machine to a shop for a service and while it was there care, but parked in the road, it was stollen.

The shop denied any liability & refused to cough up!

[Ains.]

If your insurance are dithering and you've got breakdown with legal cover, give them a ring.
They're likely to be a bit more impartial as your insurance see more paperwork and a claim could mean more dosh for them.
Failing that try CAB (Citizens Advice Beaureau (spelling?)).

Have to agree the garage have a duty of care, I mean if the car had been bashed they would have to pay up to fix it. So what's the difference with theft?

Ains.

[Annette]

Chi - when I had my garage, it was my responsibility whilst my guys were working on the vehicle, regardless of whether it was on the premises or parked up outside. However, once the work was finished and the client had been advised it was ready for collection, if we parked it out on the street the liability would become the customers. If we had room to store it inside, it became our responsibility. The RMI were a great source of legal info, but I think you have to be a member. I'm with the 'Ains' if you have legal cover on your insurance, it doesn't hurt to use it. Good luck!! See you Sunday.

[Guido]

Chi,

Do a Google search for RMI or SMMT.

They're the 'bodies' that cover most of the garages in the UK

done a quick search for you ut you may find more help with a more detailed sift thru the SMMT site

http://www.smmt.co.uk/consumeraffair...N=57734660#254

In my view they're liable but as already stated you need a consumer specialised brief to look at it for you or go to the Citizens Advice as that free.

[jeff st4s]

Just spoken to Magistrate friend of mine.
He says if they have not shown a reasonable duty of care to look after your property then they are liable, they can put up any number of exclusion notices they want.
If the property was heavily defended and lots of security measures were in place, then they have tried to look after your property, if they left it out on a road/forcourt then they have not.

[chicken]

Originally Posted by jeff st4s

Just spoken to Magistrate friend of mine.
He says if they have not shown a reasonable duty of care to look after your property then they are liable, they can put up any number of exclusion notices they want.
If the property was heavily defended and lots of security measures were in place, then they have tried to look after your property, if they left it out on a road/forcourt then they have not.

thanks guys.

The car was left in their car park (along with the cars that they sell) which has a fairly high fence all the way around the perimeter and a locked gate. The thieves climbed over the fence, stole the hardtop and passed it over the fence.

The garage deals exclusively in my type of car and they know that the hard tops are targetted by thieves. There is a workshop that my car could have been left in overnight if they had wanted to but I have no idea whether it was full of other cars or not.

Would that constitute reasonable duty of care? Who decides whether it is or not?

[jeff st4s]

My mate says if it was left in a position where it could be stolen etc then they have not shown due care, if they know hard tops are desirable and they leave it in a position to be knicked then they have not shown due care, if yours was a fixed roof would it have been targetted, if it was in doors would it have been safer?

It's for them to proove they have taken reasonable steps to protect you goods, clearly they have not. It is not for you to proove it.

[749er]

Originally Posted by chicken

The garage deals exclusively in my type of car and they know that the hard tops are targetted by thieves. There is a workshop that my car could have been left in overnight if they had wanted to

it seems you were very unfortunate in that the thieves selected yours and not one of the others there on display.

[TP]

How do you want them sorted out Chi?

I'm sure there are people available who encourage people to do things for a living