[SGVLUG] OBD can usually be rented

[David Lawyer]

On Wed, Oct 01, 2008 at 05:03:41PM -0700, Emerson, Tom (*IC) wrote:
> Not everything is a conspiracy -- more likely in this case there is a
> "blanket" law stating that IF stores and mechanics like
> autozone/pep-boys "rent out tools" for any reason, they are
> somewhat-to-fully liable for whatever harm comes to a person or vehicle,
> so rather than risk it, they decide not to rent anything out for [as
> stated] "liability" issues -- irregardless of the likelihood that use
> (or rather misuse) of the tool will cause harm to a person or damage to
> a vehicle.
> 
> [though searching the net, I'm not finding much on tool rental policies
> and/or laws affecting such, so the above is a bit of a SWAG...]

There is a general principle of negligence that requires that people
use ordinary care in actions affecting others.  This seems reasonable
to me.  Ordinary care would mean that if a tool has an obvious crack
in it you don't loan or rent it unless the user is made aware of the
defect.  But if it's a hidden crack, then using ordinary care one
might not find it so the loaner is not responsible for what may happen
due to the crack.  They may ask you to sign that you've inspected the
tool and found it in good condition.

I thought that they loaned out tools free but expected you to buy
their parts and may not return your deposit if you return the tool
late, in which case you get to keep the tool that the deposit has paid
for.  They loan special tools that would not normally be included in a
tool kit.

			David Lawyer