Legal Question in Civil Litigation in Maryland

Theft of Car Stereo System at Repair Location

My daughter and her boyfriend slipped off the road in

his car during an ice storm. The car had body damage

and was towed to a place to be repaired. He did not

have the money to fix it immediately, so the car just sat

at the repair place. Only he and the repair place had the

key. While it was there his expensive, newly-installed

stereo system was removed. When he called the place

and asked about it he was told: ''Oh yeah, we saw

someone working in the car.'' They didn't even bother to

check it out. There was no forced entry and he had left

the car locked. He filed a police report. He called and

asked for the repair place to pay to replace the stereo

but they refused. Are they legally responsible for the

theft? The value of the stereo is $600 plus installation

cost. There was some damage to the car from the

removal process. The deductible on his insurance

policy is $500. What is his next step?


Asked on 1/30/04, 10:03 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Theft of Car Stereo System at Repair Location

The repair shop had a duty to use reasonable care to protect the vehicle. If they left the vehicle in an unsafe location, thereby allowing an unauthorized person to steal the stereo system, I think they're responsible. He would have to file a suit in the District Court of the county in which you live for the fair market value of the system, including reinstallation of the new system. Otherwise, he can go through his insurance and if they go after the shop they'll try to recover his deductible.

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Answered on 1/30/04, 5:12 pm


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