Often, when you use a parking lot, on the back of your parking slip or ticket there is a notice that the parking lot owner is not responsible for any damage to your car. Does this disclaimer operate to insulate the owner if your car is damaged? The answers vary widely from state to state, and depending on many circumstances.
In some states, courts have held that a preprinted ticket that includes an express waiver of liability can give sufficient notice to the customer that the parking lot was not taking responsibility for damage, and the parking lot owner is therefore not liable for damages caused to the car while the car was parked in a parking garage or lot. In some cases, courts have held that the waiver of liability does not apply where the customer did not see the waiver. For example, if the waiver is listed on a sign, but the customer did not see it, or would not normally pass the sign before leaving the lot or garage, then the waiver is not effective.
Other courts will only allow the waiver of liability to work where you do not give your car to an employee of the garage. However, in many states, courts reviewing parking tickets have held generally that these broad waivers of liability are void as against public policy. The courts reasoned that a parking garage acts as a professional bailer, and cannot waive its duties even where it expressly tells the customer that it is doing so.
However, even in states where the waiver of liability has an effect, those states generally agree that the waiver does not apply to damages to the car caused by the intentional or negligent actions of the garage or lot employees. The law generally does not allow you to waive liability for damages caused by your own negligence. If this were possible, then every business could just post a generic waiver of liability for everything they do, and customers would never have any recourse. Courts have almost universally held that such a waiver is ineffective, and customers need protection.
A Georgia Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that acts as evidence of payment for parking services, while also releasing the parking lot owner from any liability or responsibility for any damages, thefts, accidents, or injuries that may occur on their property. This detailed description will outline the purpose, key elements, and potential types of waivers related to parking lot owners in Georgia. Key elements of a Georgia Receipt by Parking Lot Owner to Patrons — Waiver of Liability: 1. Identification: The receipt should contain the parking lot owner's business name, address, contact details, and the patron's contact details. 2. Date and duration: The receipt should state the date and time of entry and exit, along with the total duration of parking. 3. Parking fees: The receipt should clearly mention the amount paid for parking services, the payment method used, and any additional fees or taxes involved. 4. Disclaimer clause: The waiver portion should include language that releases the parking lot owner from any liability for damages or injuries occurring on the premises. It should state that parking is at the patron's own risk. 5. Indemnification: The patron may be required to agree to indemnify and hold the parking lot owner harmless from any claims, costs, or legal actions arising from their use of the parking lot. Potential types of Georgia Receipt by Parking Lot Owner to Patrons — Waiver of Liability: 1. General Parking Lot Waiver: This waiver would apply to standard parking lots, where customers park their vehicles and pay the designated fees. It protects the parking lot owner from liability for accidents, damages, thefts, or any other incidents that may occur on the premises. 2. Valet Parking Lot Waiver: If the parking lot provides valet services, a separate waiver may be required. This waiver would cover potential damages, thefts, or accidents that could occur while the patron's vehicle is in the care of the valet attendants. 3. Event Parking Lot Waiver: Certain parking lots cater specifically to events or venues and may require a specialized waiver. This waiver would address the additional risks associated with high traffic volumes and increased security concerns during events. 4. Reserved Parking Lot Waiver: If a parking lot offers reserved parking spaces, a specific waiver could be tailored to this service. It may include additional clauses to address the reservation terms and conditions, liability for parking space allocation, and potential reimbursement claims. Remember, specific variations or subtypes of Georgia Receipt by Parking Lot Owner to Patrons — Waiver of Liability may exist depending on individual parking lot owners' preferences and requirements. However, the fundamental purpose of these waivers remains consistent: to protect parking lot owners from legal claims and to inform patrons that they are assuming certain risks when utilizing the parking facilities.
