A Bountiful man believes a car wash business should foot the repair bill for damage to his vehicle, but they pointed him to a sign warning they would not be responsible.
BOUNTIFUL – Like many Utahns, Dallin Pedersen installed a roof rack on his vehicle, an upgrade that's extremely handy for hauling everything from skis to bicycles or kayaks.That convenience came to a crashing halt for him at the car wash.
Dallin Pedersen shows KSL’s Matt Gephardt an incident report an employee at the car wash filled out, saying the top retract wasn’t set by the cashier. Pedersen believes the missed step led to the damage to his car. "They never told me anything," he said. "They didn't say, 'This is going to be a problem,' or 'You need to take that off when you come in,' or anything."
"I feel like they're hiding behind a policy and just trying to get this immunity through it," he said. Doug Oviatt, an attorney with experience in contract law, tells Matt Gephardt that factors such as a sign’s location, language and size can lead a court to question its fairness. Another factor courts will look at is negligence. Oviatt says a business can be liable for repairs, regardless of what a sign says, if there is negligence.
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