New Braunfels, TX asked in Car Accidents, Consumer Law and Small Claims for Texas

Q: My vehicle was broken into and they stole the fog lights tires and wheels off of my truck while left at a dodge dealer

The dealer says they are not responsible but I feel that they should be responsible since they had possession of my vehicle

1 Lawyer Answer
Steven Pate Harrelson
Steven Pate Harrelson
Answered
  • Personal Injury Lawyer
  • Little Rock, AR
  • Licensed in Texas

A: Bailment law in Texas still requires you to show that the dealer was somehow negligent. That means that something they did breached their duty to you as a customer that led to the theft. It may be that they left your car parked in an area that was not secure, it may be that they knew or should've known that a break-in was likely, etc. But, they cannot be held liable for the theft merely because they were in possession of your truck at the time of the theft. I would definitely pursue it and make a list of all of the circumstances where they breached their duty to you.

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