Tint laws & Shops Liabiltiy

OK, we all know our laws concerning tinting,we all know that we as professional can be sued by customers in the event of a death,accident,whatever. We are the professioanals so we know whats right and whats wrong.
So Here in NJ there are laws regarding lifted vehicles.
These Vehicles must not be lifted past a certain height that the state has set for each weight limt of the truck ,,blahh.blahh and so on.
If the Lifted Vehicle passes these conditions it then must go to a Stability Test at a special inspection station and the vehicle is to drive up on a 30 degree angle to see if it wil roll over.
OK My Point.
These lift kits can get involved as far as installations go,,cutting frames and welding,,especially on independent front suspensions and so on.
Alomost all of these installtions are done by off road shops and so on.
These guys will lift a jeep cj 7 to the sky with 38in tires knowing that this thing will never pass inspection.
The Shop Knows - The Customer Knows - The Shop Sells the lift and installs it.
Done deal.
None of these shops will turn away these jobs..and one of our local shops got sued by a customer when his truck flipped on the highway. The shop won!
The judgement basically came down to a waiver that the shop made the customer sign.
Same as we hear on this board all the time. Some say dont do it,,others say your protected.
I say whats the difference? Tint , Lift , Modifications that are not approved are done at speed shops and custom shops all the time. Has anyone ever heard of a law suit concerning any other type of illegal aftermarket part or modification and what was the out come? Just wondering.
I always hear dont do the waiver thing,,it will not hold water,,but has anyone actually gone through this and lost?
Just wondering.

I think there are enough shops getting sue'd for legal work alone... heaven forbid you open yourself up to litigation on work that is written not legal.

However.... I guess it all comes down to how deep are your pockets ??? A few years ago I saw on the news a white bronco got away with murder

yeah I hear that , Im just wondering about all the other shops that really do some mods that are dangerous vrs. a 30% film?

There was an incident here in Mississippi where i got my windows tinted to 5%--I have a legal medical exemption tho. The shop is immune as long as they follow the law and then they still made me sign an additional waiver of liability which I didn't haver a problem with. I gave them a copy of my medex just so they would have it and know what it looked like--not long after someone came in with medex, got like 10% tint--had a wreck--said the windows were to dark and that's why they wrecked--lawyers got involved---shop was cleared.

Be safe

Ok so as a customer comes into a custom shop and wants to have work done on their vehicle. Either a lift or tint or any other modification. So the shop employee tells the customer in no uncertain terms, what is legal and not legal for street use in their state. If the customer chooses a product that is not deemed street legal. It is totally on the customer's shoulders. It is not up to the shop owner to police these people. As far as the shop owner knows the vehicle will only be used in area or state, where it will conform to all local law. It will be wise for shop owner to have the customer sign a waiver stating these facts. When a vehicle enters a shop premises. It is not illegal to install whatever aftermarket product the customer wants to purchase. The only time it becomes illegal is when the customer drives it in an area where it is not legal. Not the shop owners responsibility.

but your wrong it IS illegal to install illegal film even if the customer signs any thing doesnt matter especially when the law states this ... "(9) * * * No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) or (4) of this section * * *."

Its good to see some of you younger guys get the overall picture

On the issue of the vehicle being lifted more than what the law allows, and the shop being cleared, the shop still had Attorney fees, Court Costs and the time fator involved with having to defend itself against this action.
Those were all expenses that they did not have to be out, had they in fact done the job within the law.
How many more jobs will they have to do just to make up the revenue from the $$ spent to defend themselves ?

AMEN Willie!! Apparently some out there are incapable of seeing, or just don't want to see the fact that HOW THE LAW IS WORDED is whats important. All statutes have wording that states whether or not the INSTALLATION of any after market product is illegal. If it states, as Matthew posted, that the installation is illegal, you'd better believe that the shop owner can be charged.
What we all want to believe, or feel is right, is immaterial. How the law is worded, and more importantly, INTERPRETED by the courts is what matters. And thats only the criminal side. It's a whole 'nuther ball game in the civil liability realm. As I read in another thread by FlatRockStan, "I have seen a guy in a white bronco get away with murder." But even that didn't save his ass from civil liability! He won in criminal court, but the civil courts handed him his ass! A shop owner engaged in illegal activity CAN be hit by both,
I have not researched the "lift-kits", or other accessories, I am concerned with TINT. And in MOST (not all) States, the INSTALLATION itself is illegal, and subjects the shop owner to fines, jail, and loss of business license. If you don't believe that modifying a vehicle isn't illegal for a shop to do, only for the custy to operate said vehicle, go ask Midas to cut out your catalytic converter. Tintpros LV could NOT be more wrong in his belief, and certainly couldn't be more wrong for posting innaccurate info as fact. The dude should do a TAD bit of research before putting his foot in his mouth. This is probably gonna sound wrong, but there are young, impressionable minds reading this. Be at least a BIT more responsible in what you state as fact.


If you need further clarification, read your states statute in it's entirety, not the condensed version on the tint laws charts. Or better yet, talk to an Attorney. NOT your cousin the cop, or Uncle Ned who knows someone whos a cop. Go to the source for accurate info, before you state fact.

Your right on the read YOUR states law. It varies from state to state. So make sure you research every states law if you don't want to pass on false information. Let me ask you this since you seem to know soooo much about law. If you tint a vehicle that has say louisiana plates and then they travel through a state that the law is different and they have a wreck and they blame the tint on the accident is the shop owner that tinted it resposible? and yes they can and will pull you over in another state for your tint even if your from another state.

you are right you have to abide by the laws of whatever state you are in.. but about the lousiana person comin to my shop in mississippi... ive HEARD now that i make that clear dont hold me to it cuz i cant quote the law on this one... if someone comes to my shop from lousianna and wants me to tint it 5 all the way around i will do it because my shop is out of lousiana's jurisdiction just like a state trooper wont pull you over in the city or the city police wont pull you over in the county there are jurisdictions now dont go 100mph through the city by a state trooper thinkin you wont get pulled over because thats common sense someone will do something about it but as far as i know if you tint another state resident illegal you arent held liable

Matthew you answered you self in your answer; COMMON SENSE says someone will do something about illegal tint sooner or later

1) Yes, they most probably can blame the tint, and therefore, the shop owner. The insurance company would be the one to go after the shop owner, IF they even pay out in the first place because the vehicle is operating on the roads illegally. 2) Yes, I know that they can pull over out of state drivers. My state recently re-wrote the laws to include that. They can do that because nobody has the inclination to challenge it. They KNOW that its way cheaper just to pay the fine than to challenge a law. And until someone challenges it, it'll stay that way. The tint laws are unconstitutional. They are biased, ripe for police abuse, and serve no REAL safety issue that falls within the governments right to mandate. I agree that we have way too much government, but until the laws are changed, we gotta abide, or accept the consequences.





If it can be shown that you knew, or should have known the tint was illegal in thier home state (you ARE, after all, a tint shop) you could be held resonsible in civil court. They could sue you to recoup thier loss, the custy could sue you for any tickets, EVEN THOUGH you are in a different jurisdiction. Again, we're talking civil court here. People keep forgetting that you can be civilly liable even if no criminal charges are filed, or you manage to beat them. Just ask O.J. 'bout THAT one!

Actually..... I wrote the 'white bronco' thing...

and It does not matter if you install legal film and a customer runs over a bus load of crippled orphan babies or if you installed illegal as heck film all over the same car... You can be held liable in civil court.

Just because you perform a business that is law abiding does not abslve you of liability.

so if i tint a car from lousiana illegal to lousiana's laws and they go back to la and get a ticket or get in a wreck and they blame it on the tint i can be held liable?

Yes

what i was trying to say is if you tint a vehicle that is from the state you are in say texas. law says 25% so i put 35% on it which is legal. now if that same person drives to louisiana ( the law is 40%) and runs over someone than am i resposible? Or better yet the town i live in is on the state line. one state is as dark as you want on the backglass and one is 10% on the backglass. i tint a vehicle and 5% on the back glass and 35% every where else ( looks like crap imo) which is legal. and then that same person drives across town, which is another state, and backs over someone then you are telling me that i am responsible. I don't think so. if that is true than everyone has broke the law and we are all going to prision. there has to be a catch in there some where. we can abid by the law, but can't control where people travel.

you can't control who people sue in civil court either

Protect yourself get Incorporated.

There is NO corporate shield in the world to protect you from a gross neglegence suite.

this might be kind of off topic but a customer came to me w/ a 96 ford probe gt wanting to do 5% on the whole car. I told him it was illegal and that the only way i'd do it is him signing a paper stating that he was aware that the tint would be illegal and that i could not be held responsible for any legal problems.
A week later he called me saying he wanted me to remove the tint and redo it w/ something that would be considered legal and to not charge him. After refusing to do it and showing the paper he had signed, he paid me to remove the tint and redo the car

all i am saying is that their are all kinds of gaps in the laws that can be looked at in different ways. if someone wants to sue you they will for something. its sad really. and like i said i think its like that because of lawyers imo. i know a guy that got sued because the man said that water running off his land was causing problems on his land. it had been like that for forever. just one day he said hey i think i will sue for a huge amount of money. i know that was off subject but just an example of how stupid some people are. there is really no way to protect your self.

It could happen. If you did it according to the laws of the state wher the tint was applied, I doubt very seriously any attorney would take the case, BUT it COULD happen. It would then be up to a jury. But just remember, a jury awarded a woman millions for being stupid enough to put hot coffee between her legs, and her husband sued and won for loss of "marital priveleges" (little known fact)
Our Tort system here in the US is broken, you can be sued for anything that you knew or should have known could cause harm, no matter how far the stretch.

What's the world coming to i am agreeing with TBC more and more good to see you here dude
Stan Foster
aka Mr. Rogers wrinkly ol azz

thanks Mr. Rogers

and the politicos are not gonna fix it because most of them a freakin lawyers

which one is harder to drive?
http://i28.photobucket.com/albums/c231/shaedz/Vette.jpg
or
http://i28.photobucket.com/albums/c231/shaedz/gg.jpg

You are beating a dead horse! We ALL know that the tint laws defy any rational logic, and favor some over others. We could sit behind our keyboards and ask each other "Why is this legal, and this is not." all day and solve nothing. ACTION is the only way to start the process of change. The problem is money, and the fact that attorneys will have to be involved. There are some shops out there who can afford legal representation, and there are others who cannot even pay thier bills. Sure, anyone who steps up to fight will be helping out thier "competition", but I don't see any choice. Those with the means MUST step up to protect thier interests, as well as the industry. Those with less means should get together and start a "legal fund", donating what they can. In our current legal system, money buys the best defense. This whole issue CAN be fought on a constitutional basis. Unfortunately, attorneys won't lift a finger unless they smell big money, especially against the gov't.

The longer these laws are on the books, and the more legislation the Gov't is allowed to pass, the harder (and more expensive) this is going to be to fight. And do not let them run roughshod over your rights.The jack-booted lackeys/thugs will try and do just that, if you let 'em!!!

As far as CRIMINAL charges go, you'd be in the clear, as long as the film you apply conforms to the laws of the state in which it was applied. You are outside of La jurisdiction, and did nothing wrong in missippi. That being said, you COULD be held liable in civil court if an attorney states that you knew, or should have known that it was !llegal in the customers home state. Generally, if you are in compliance with your state laws, regardless of the custys home state, you're good. An attorney could POSSIBLY make a weak case against you, but the likelyhood is small indeed. In this case, a statement signed by the custy that you explained to them that the film is !llegal in thier home state, and could subject them to fines and possibly jail yet they choose to get the film applied anyway would put the burden on the custy. You'd be in the clear.
Waivers ARE effective in certain circumstances. In the case of lift kits, and window film, it is NOT !llegal to do anything you want to a vehicle, as long as that vehicle is not intended to be operated on the public roads. It is !llegal to apply film on a car that you KNOW will be operated on the public roads. For example, the custy drives it to your shop and wants !llegal film. NO waiver can possibly protect you. However, if the vehicle arrives at your shop without tags, on a flatbed/rollaway and it leaves your shop in the same manner, they can sign a waiver for it being a show car only and will not be driven on public roads and you would be in the clear. But if an attorney can demonstrate that even tho it got there and left on a truck, you knew or should have known that the customer was going to operate the car on the roads anyway (IE: custy is your friend, neighbor, you see him daily etc.) you could be liable. You have to prove that you were reasonably convinced that no effort to "circumvent" a law by fraud occurred. And if the custy signs said waiver, and later gets caught, he could be subject to making false sworn statements since the waiver has to be notarized.
99% of all custys are not gonna go thru all that just to get !llegal film. Too much hassle. And it's way too much trouble, for me at least, to bother with. Bottom line is if you dont agree with the laws, do something PROACTIVE to try and change them. Ignoring the laws, and breaking them because you don't believe in them, is not the way to get things changed. If you break the law, don't whine when you get caught. You deserve everything that comes your way.