Car Wash liability?
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Mustafa Ismail Mustafa wrote:
Not speaking from experience here, but if they have the notices and disclaimers clearly visible then probably not,
I'm not so sure. People put up disclaimers all the time. Doesn't mean squat if their equipment isn't maintained, they knowingly make a bad decision or they don't give you specific warnings (like max. car width = x) so you can make an informed choice. Cheers, Drew.
True. John just mentioned how they never mentioned if the mirrors don't rotate then they're getting ripped off. I think he has grounds to pursue it in a legal manner if necessary on the lack of information provided there alone.
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Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
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John M. Drescher wrote:
I know that getting a lawyer involved would end up costing many times more than its possibly worth.
That suggests that it's not worth making more than a token effort to get any recompense. PS - I once saw a Volvo in a car wash with its bumper lying on the ground. I've always used a sponge, bucket of water and elbow grease myself. Regular car washes wreck the paintwork.
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John M. Drescher wrote:
I know that getting a lawyer involved would end up costing many times more than its possibly worth.
That suggests that it's not worth making more than a token effort to get any recompense. PS - I once saw a Volvo in a car wash with its bumper lying on the ground. I've always used a sponge, bucket of water and elbow grease myself. Regular car washes wreck the paintwork.
Not always an option if you're under water restrictions due to the drought...
cheers, Chris Maunder
CodeProject.com : C++ MVP
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Not always an option if you're under water restrictions due to the drought...
cheers, Chris Maunder
CodeProject.com : C++ MVP
Most water restriction laws prevent the use of a garden hose. You're still OK if you just use a bucket.
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Most water restriction laws prevent the use of a garden hose. You're still OK if you just use a bucket.
Not in Victoria[^]. All that can be washed is mirrors and windows. That's not a set of water restrictions <pulling pamplet from back pocket and waving it menacingly> This is a set of water restrictions.
cheers, Chris Maunder
CodeProject.com : C++ MVP
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Not always an option if you're under water restrictions due to the drought...
cheers, Chris Maunder
CodeProject.com : C++ MVP
But cars only really get dirty when it rains...
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But cars only really get dirty when it rains...
No, cars get clean when it rains. Cars get dirty when it hasn't rained for eons and then you get a useless spinkle, or a even a heavy dew and all the dust sticks like a second coat of paint.
cheers, Chris Maunder
CodeProject.com : C++ MVP
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Not in Victoria[^]. All that can be washed is mirrors and windows. That's not a set of water restrictions <pulling pamplet from back pocket and waving it menacingly> This is a set of water restrictions.
cheers, Chris Maunder
CodeProject.com : C++ MVP
Out of curiosity, what happens if you don't follow the water restriction rules/guidelines? Supposing I grabbed the water hose and watered my garden and/or washed my car? What then? I get told off in an angry voice by a police officer named Bob? Arrested? Shot?
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Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
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Out of curiosity, what happens if you don't follow the water restriction rules/guidelines? Supposing I grabbed the water hose and watered my garden and/or washed my car? What then? I get told off in an angry voice by a police officer named Bob? Arrested? Shot?
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Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
I think the most recent update to the law means you are either restricted to drinking Fosters for a year or, for repeat offenders, you get shipped off to New Zealand.
cheers, Chris Maunder
CodeProject.com : C++ MVP
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I think the most recent update to the law means you are either restricted to drinking Fosters for a year or, for repeat offenders, you get shipped off to New Zealand.
cheers, Chris Maunder
CodeProject.com : C++ MVP
Could you translate that into Canadian terms? Is that like being sent to New Foundland or the Territories? Though TBH, Fosters, for a pregnant mare's urine of a beer is still MUCH better than the locally brewed Jordanian Amstel.
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Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
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So my SO wanted to wash her car and we passed an automated carwash very close to out house so she stopped. There were signs that said "we are not responsible for damage..." well to make a long story short the wash ripped off (and broke them beyond repair) both mirrors and even left one inside the machine which we had to have the 14 year old running the show fetch... Is there any way to get them to pay for the broken mirrors? I know that getting a lawyer involved would end up costing many times more than its possibly worth.
John
My dad actually owns a car wash, and we do have that disclaimer saying we are not responsible for any damage made to the car. The thing is that we can't know the state of customer's car, and if the mirror is almost falling down, and it finally fell down inside the tunnel, they would blame us even if it isn't our fault. There's even one type of car that has very fragile right mirror and we have a notice saying that on the cashier. Anyway, when we have had problems, we have paid for some things (especially minor repairs). What I would recommend is to approach the manager in a polite way and try to agree on something. Maybe you can get them to pay for part of the fix.
Luis Alonso Ramos Intelectix Chihuahua, Mexico My Blog!
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John M. Drescher wrote:
I know that getting a lawyer involved would end up costing many times more than its possibly worth.
That suggests that it's not worth making more than a token effort to get any recompense. PS - I once saw a Volvo in a car wash with its bumper lying on the ground. I've always used a sponge, bucket of water and elbow grease myself. Regular car washes wreck the paintwork.
Steve_Harris wrote:
Regular car washes wreck the paintwork.
It depends on the carwash tunnel and the material of the brushes. I have a dark blue car which I pass through a tunnel 3 or 4 times per week and I've never had problems with my paintwork being scratched or something. Of course, if the brushes are low quality, or the car doesn't get enough water (and it's full of dirt), then it could be scratched, but it's not common.
Luis Alonso Ramos Intelectix Chihuahua, Mexico My Blog!
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So my SO wanted to wash her car and we passed an automated carwash very close to out house so she stopped. There were signs that said "we are not responsible for damage..." well to make a long story short the wash ripped off (and broke them beyond repair) both mirrors and even left one inside the machine which we had to have the 14 year old running the show fetch... Is there any way to get them to pay for the broken mirrors? I know that getting a lawyer involved would end up costing many times more than its possibly worth.
John
Practically speaking, probably not. Maybe worth a call to whoever owns the car wash and complain, but I'd be surprised in this day and age if you get any satisfaction from them. Good luck though.
¡El diablo está en mis pantalones! ¡Mire, mire! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! VCF Blog Laugh: Dercas si Mreps Yreve
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Not in Victoria[^]. All that can be washed is mirrors and windows. That's not a set of water restrictions <pulling pamplet from back pocket and waving it menacingly> This is a set of water restrictions.
cheers, Chris Maunder
CodeProject.com : C++ MVP
:) I understand. Sorry to have doubted you.
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So my SO wanted to wash her car and we passed an automated carwash very close to out house so she stopped. There were signs that said "we are not responsible for damage..." well to make a long story short the wash ripped off (and broke them beyond repair) both mirrors and even left one inside the machine which we had to have the 14 year old running the show fetch... Is there any way to get them to pay for the broken mirrors? I know that getting a lawyer involved would end up costing many times more than its possibly worth.
John
I've never seen an automatic car wash that could come close to doing this so I'm guessing there is something faulty with it, i.e. it's not been well maintained or something so in all likelihood the "we are not responsible" isn't good enough in that case.
"It's so simple to be wise. Just think of something stupid to say and then don't say it." -Sam Levenson
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I've never seen an automatic car wash that could come close to doing this so I'm guessing there is something faulty with it, i.e. it's not been well maintained or something so in all likelihood the "we are not responsible" isn't good enough in that case.
"It's so simple to be wise. Just think of something stupid to say and then don't say it." -Sam Levenson
There were two large 4 foot high cloth strip brushes (probably 2 foot wide) that come in (adjust themselves to the size of the car) and rub directly on both sides of the car. These spin at a slow rate but much to much pressure for a pontiac grand am mirror. They made quick work of the right side mirror, less than 20 seconds and the mirror was ripped off the car and the dirver side one dangled off a wire that goes inside. During this it bounced many times against the car and we were a little afraid that it would do more damage.
John
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Practically speaking, probably not. Maybe worth a call to whoever owns the car wash and complain, but I'd be surprised in this day and age if you get any satisfaction from them. Good luck though.
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Jim Crafton wrote:
Practically speaking, probably not.
We are still trying to weigh our options. And discuss this with Kathy's car insurance company. Calling the national number got a person who was unsure but thought that this constituted a collision so that a $500 deductible would apply which again would make it useless...
John
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So my SO wanted to wash her car and we passed an automated carwash very close to out house so she stopped. There were signs that said "we are not responsible for damage..." well to make a long story short the wash ripped off (and broke them beyond repair) both mirrors and even left one inside the machine which we had to have the 14 year old running the show fetch... Is there any way to get them to pay for the broken mirrors? I know that getting a lawyer involved would end up costing many times more than its possibly worth.
John
I'm not a lawyer - I wouldn't want to damage my family's reputation - but I have had occasion to take several law classes in my life, and this is a recurring topic. Placing a sign denying responsibility for damage has no legal standing whatsoever. It may make the owner feel better, and might intimidate customers from pursuing legal recourse, but it has no meaning under the law. While lawyers posing as legislators have bastardized the criminal law arena for their own enrichment, in tort law the standard of the "reasonable person" still applies in most cases. If a reasonable person would consider it safe to use a service, and that service is the proximate cause of damage to that person, there is a case for a liability claim, no matter what silly signs are posted. It would be courteous to send the car wash owner a claim for damages to cover the cost of repairs. If you haven't received a response that is satisfactory within a reasonable period of time - 30 days, perhaps - I'd consider legal action. Your best bet is probably to use small claims court, which doesn't allow lawyers in the door to muddle things. In most areas the monetary limit for a claim is about $5000, and a judge - not a jury - will hear the case and decide the outcome. You are, in this case, entirely dependent on the judge's knowledge of law and personal prejudices, but many are quite competent. You may want to consult a lawyer for advice about how to approach the case, but that will be much cheaper than going the whole Superior Court routine. IMHO, car washes are generally safe unless the equipment is defective or has not been maintained correctly. Those brushes are supposed to swing freely and move out of the way to prevent ripping mirrors off the car, but the owner may not have followed the proper PM schedule for inspection and lubrication, causing them to stick. I'd start by presenting a subpoena for maintenance records and the manufacturer's recommended maintenance schedule, then compare the two for discrepancies. If the owner is like most small business people, maintenance will be the last thing he's willing to spend money on and you'll find several errors. These would be the core of your case, and the focus of your argument. In criminal law, you must prove a case "beyond a reasonable doubt," but in tort law you are held only to the lesser standard of "a preponderance of evidence." This is a much easier standard, which is why OJ got away with murder in criminal court, but lost in a wrongful death suit in civil court. As
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Steve_Harris wrote:
Regular car washes wreck the paintwork.
It depends on the carwash tunnel and the material of the brushes. I have a dark blue car which I pass through a tunnel 3 or 4 times per week and I've never had problems with my paintwork being scratched or something. Of course, if the brushes are low quality, or the car doesn't get enough water (and it's full of dirt), then it could be scratched, but it's not common.
Luis Alonso Ramos Intelectix Chihuahua, Mexico My Blog!
Luis Alonso Ramos wrote:
I pass through a tunnel 3 or 4 times per week
Wow. Is it dusty there? I go down muddy roads every day to work and only wash mine (by hand) once a month or so.
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Could you translate that into Canadian terms? Is that like being sent to New Foundland or the Territories? Though TBH, Fosters, for a pregnant mare's urine of a beer is still MUCH better than the locally brewed Jordanian Amstel.
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Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
That's no surprise. Fosters - being the crappest Aussie beer there is - is still (just) better than the mass market American crap (Bud etc.) we get imported here. In one of my old locals we had a saying: SOD FOSTERS. I'M DRINKIN' THE DOG. 'Nuff said. ;)
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