Whose Responsible?

[mabynack]

I dropped my RV off at the repair facility for work. While it was at their facility, rodents chewed through the wiring for the brakes and battery. I thought that since it happened while they had custody, they would be responsible for paying for the repairs. They've agreed to knock $100 of the repair bill, leaving me with the balance of $400. I realize that it's hard to prevent this kind of thing, but I figured they would pay for it. I've dropped over $4000 at their place over the last year.

[brdprey]

according to the discussion it might be beneficial to take dated pictures or video of your trailer before you take it too a shop. might be a bit of a chore to do so.
however it would remove any doubt that the damage occurred with in their care. not sure i want to take it to a person that will not cover anything that happens to my rig on their property.

call it a video catalog. its a cya move. if you cant get on your roof. have someone get up there and take all the pic or video they can. might even do it every year just incase.

[mabynack]

I got the RV back yesterday and the repaired wiring was encased in conduit. They did a nice job and everything seems to be working. Thanks everyone for your input.

[Geocritter]

Not trying to let the dealer off the hook but part of the problem is todays wiring. In order to be "green" many automotive manufacturers are using soy and plant based oils to make their insulation. Rodents love the taste of the new formulae's! It makes me glad that I'm driving a 22 year old RV with petroleum based wiring insulation!

Steve

[bucky]

I don't think a health department would inspect a RV business except maybe for lead in the water. I do think that those little black boxes around the perimeter of buildings work and are very cheap. They probably have them, as they don't want their stuff chewed up either.
If the decision was mine to make, your trailer would have been repaired at no charge to you. Customers are to hard to find, much less keep.
After all how hard are wires to reconnect? Hourly guy, a soldering iron, wire maybe, and some shrink wraps. Not 5 hours worth unless the damage was extensive.Just don't attach a blue wire to a red one etc.
Have you talked to the owner or just an employee?

[Grit_dog]

darsben1 wrote:
Not everything bad that happens is someones fault

Why sure it is!
I agree, sucks for the OP, but rodent damage isn't something you can prove fault of a business owner and not worth it, unless maybe there was a dead mouse in your soup at the restaurant. Or even worse, part of a dead mouse!

[FunnyCamper]

we left ours for repair and it got broken into on the lot.

the jerks broke the door.

cost me about $750 or so....it was a bit ago on a different trailer.

ticked me off. they had no responsibility on it. drove me nuts til I just let it go 🙂 and blew it off. **** happens.

sorry for your troubles.

[v10superduty]

mabynack wrote:

I've been using them for the last couple of years and they've done good work and usually have my rig ready on schedule.

From what I've read on this forum over the last 15 years, most folks would "LOVE" to have/find a dealer who does both good work AND have it done on schedule. :W
My suggestion would be to remind them of the $4000 you have spent with them, suggest your disappointed, ask them for a 10% discount on future work to about the amount you paid for this repair.
They keep you as a customer and you "feel" better about it all.
Trying out a different dealer "may" cost you more in the future.

[noplace2]

darsben1 wrote:
Not everything bad that happens is someones fault

DING DING DING We have a bingo!

[PA12DRVR]

I am an attorney, not in your JX.

This is not legal advice and does not constitute representation.

From a legal standpoint, the contract/service agreement/repair order that you signed would trump the common law obligations created by bailment....subject to particular laws of your jx.... and "trump" doesn't necessarily mean reduce or minimize, it simply means that the executed contract/service agreement/repair order establishes both parties rights and duties. I would hazard a guess that the contract/service agreement/repair order has enforceable disclaimers absent gross negligence or willful intent to create a rat problem.

From a customer service standpoint, I'd think the establishment would offer more than $100....but perhaps their margins don't justify more and they'd rather lose the business.

From a practical standpoint, don't engage an attorney...not worth the $$, time, or hassle. Your idea to simply take your business elsewhere in the future makes the most sense.

[mabynack]

ksg5000 wrote:
Not an attorney .. but as a retired exec who has spent most of his career in meetings with attorneys - my advice MOVE ON. You will likely never be able to prove that the rat damage was due to any fault of the repair shop - and given the type of claim you won't find anyone who will represent you on a contingent basis. Stuff happens and often it's nobody's fault. MOVE ON.

Thanks. It sounds like great advice. I'm going to go down and pick it up on my way home from work today. Once I pay the bill I'll start to get over it.

[mabynack]

JALLEN4 wrote:
When you took the vehicle to the shop, signed a repair order, and left it with them...you created a "bailment" of mutual benefit. Under this bailment, they are responsible to exercise reasonable precaution to prevent damage to your property. They are not automatically responsible for any unfortunate happenings while the vehicle is in their "custody". It would be very difficult to prove the shop did not exercise reasonable care and was negligent in not preventing rodent damage.

Thanks. I'm just frustrated. I know that they can't reasonably be expected to keep rodents out of a 5 acre parking area. I've been using them for the last couple of years and they've done good work and usually have my rig ready on schedule.

[midnightsadie]

I,ve got a sweet mom,pop shop here in ohio, they,d fix it.and do it right.

[JALLEN4]

When you took the vehicle to the shop, signed a repair order, and left it with them...you created a "bailment" of mutual benefit. Under this bailment, they are responsible to exercise reasonable precaution to prevent damage to your property. They are not automatically responsible for any unfortunate happenings while the vehicle is in their "custody". It would be very difficult to prove the shop did not exercise reasonable care and was negligent in not preventing rodent damage.

[ksg5000]

Not an attorney .. but as a retired exec who has spent most of his career in meetings with attorneys - my advice MOVE ON. You will likely never be able to prove that the rat damage was due to any fault of the repair shop - and given the type of claim you won't find anyone who will represent you on a contingent basis. Stuff happens and often it's nobody's fault. MOVE ON.