Full question:
How do I file a suit/judgment against a car dealership and the dealership's towing company due to damages of my vehicle as well as unauthorized use of my vehicle while in their possession? The damages were noted by me when I came to retrieve my vehicle at the dealership.
- Category: Personal Property
- Date:
- State: Texas
Answer:
If your vehicle was damaged while in the possession of a car dealership or a towing company, you may have a legal claim for damages. Typically, this falls under tort law, which deals with personal property damage due to another's negligence. To establish negligence, you must show that the dealership or towing company had a duty of care, breached that duty, and caused foreseeable harm to you.
To initiate a lawsuit, file a complaint in the court where the defendant lives, conducts business, or where the incident occurred. You must serve a copy of the complaint to the defendants to allow them to respond. When naming parties in your lawsuit, ensure you have a reasonable belief that they may be liable. Employers can be held responsible for their employees' actions during employment under vicarious liability, but this typically does not apply to intentional wrongful acts. If the towing company is an independent contractor, they would be named separately.
When a dealership or towing company holds your vehicle, a bailment is created. If they are not compensated, this is a gratuitous bailment, and they must exercise reasonable care to protect your vehicle. There are different types of bailments, and the standard of care varies. In a gratuitous bailment, the bailee (the party holding your vehicle) is only liable for gross negligence. If the bailment benefits both parties, ordinary care is required. If it benefits only the bailee, they owe a duty of extraordinary care. Courts may interpret the physical control and intent to possess differently based on circumstances, so it's crucial to understand these aspects when pursuing your claim.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.