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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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The dealership which I purchased my vehicle provided one of

Customer Question

The dealership which I purchased my vehicle provided one of their loaner cars while service was being performed on my truck. I've had the vehicle for over a week, tonight while at the gas station a found a handgun between the driver seat and center console. I relinquished the handgun to the local authorities, the gun was load, with a bullet in the chamber and it was facing my baby's car seat. I haven't spoken with the dealership regarding the incident, my wife is hysterical, no one was hurt but she wants to know our legal options. We plan on speaking with the dealership, we have a police report, if the dealership blows us off do we have any legal recourse.
Submitted: 7 months ago.
Category: Legal
Expert:  Chris T., JD replied 7 months ago.
Hello. I'll be happy to assist you.Yes, you do have a case against the dealership. This would be a negligence case. In order to prove a negligence case, you have to prove 3 basic elements: 1) that they owed you some duty; 2) that they breached that duty; and 3) that you suffered some harm as a result. Clearly, they had a duty to turn the car over to you in a safe manner. While there is no law that states that they can't give you a hidden, loaded gun in the car. They breached that duty to give you a safe vehicle, obviously. The trickier question is whether there was harm done, and if so, to what extent. I think you could successfully argue that there was a great deal of emotional stress caused by this incident to both you and your wife. That is compounded by the fact that the gun was pointed in the direction of your baby's carseat with a bullet in the chamber. The question ultimately is how much you suffered. Of course, without knowing you or your wife, I'm not in a position to answer that question, but I think it would be fair to say that it would be a fair amount of money. Several thousand, at least.
Expert:  Chris T., JD replied 7 months ago.
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