Quote:
Originally Posted by Yardjass
Did a little checking and they're responsible to exercise "due care to prevent foreseeable harm". With that in mind, being too fucking lazy to do something as simple as looking up the car's wheel drive before hooking up to it incorrectly is negligent to that. Why they hooked up (customer vs. towing infraction) makes no difference.
At least that's how it is here. The owner would still have to have documented proof of damage (mechanic inspection or similar) and the tow company's insurance would probably deny liability, leaving liability on the company itself. Then the company would probably try to deny liability and stonewall, hoping that the driver wouldn't know enough to take them to small claims court, where they would lose.
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The difference here is that towing for parking enforcement and towing for a customer are covered by two totally different sets of legislation and requirements. One is in place to protect the parking industry and those that tow for it (both almost criminal activities in my experience) and the other to protect the consumer paying for a service.