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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I took my car into the Walmart Auto Center for an oil change.

Customer Question

I took my car into the Walmart Auto Center for an oil change. They delivered a car that had to be towed to a repair shop. My damages were 95.00 for the tow. $468 dollars for the repairs (Water Pump). I paid for the oil change.

Walmart offered to pay for the tow.
Do I have a bailment? Is Walmart responsible for damages?
Submitted: 6 years ago.
Category: Business Law
Expert:  Roger replied 6 years ago.
I want to make sure I understand fully. Wal-Mart returned your vehicle, which subsequently had to be towed and the water pump replaced?
Customer: replied 6 years ago.
Yes, they came to me in the waiting room and said they has some bad news. The story was the mechanic was standing in front of the car (in the bay). He turned around and all the radiator fluid was on the ground. The mechanic recommended that I do not drive the car home. He suggested it be towed to a garage and Walmart would pay for the tow.
Expert:  Roger replied 6 years ago.

Yes, this is likely a bailment situation, which is when property is delivered for a particular purpose to another. Under a bailment, the property is delivered in trust to the other party.

 

In this case, you would have to prove that they did something to cause the damage to the fuel pump. If you can do this, you can sue them in small claims court for the damages. This may be difficult to prove unless someone witnessed a mechanic do something to cause the problem.

Expert:  Roger replied 6 years ago.

Yes, this is likely a bailment situation, which is when property is delivered for a particular purpose to another. Under a bailment, the property is delivered in trust to the other party.

 

In this case, you would have to prove that they did something to cause the damage to the water pump. If you can do this, you can sue them in small claims court for the damages. This may be difficult to prove unless someone witnessed a mechanic do something to cause the problem.

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