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.
Kansas Receipt by Parking Lot Owner to Patrons — Waiver of Liability: A Kansas Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that parking lot owners in Kansas used to protect themselves from potential lawsuits or claims for damages that may arise from any accidents or incidents occurring on their premises. This receipt acts as a formal agreement between the parking lot owner and the patron, stating that the patron acknowledges and accepts the inherent risks associated with using the parking lot and waives their right to sue the owner for any injuries, property damage, or other losses incurred. The primary purpose of the Kansas Receipt by Parking Lot Owner to Patrons — Waiver of Liability is to shift the responsibility for personal safety and property protection onto the patrons. This helps parking lot owners avoid costly litigation in case someone gets hurt, their vehicle is damaged, or any other unfortunate event occurs while using their parking facility. Key elements typically included in a Kansas Receipt by Parking Lot Owner to Patrons — Waiver of Liability document are: 1. Identification of Parties: This section identifies both the parking lot owner and the patron. It includes their names, contact information, and any other relevant details. 2. Assumption of Risks: This clause outlines the potential risks and hazards associated with using the parking lot, such as slippery surfaces, vandalism, theft, vehicle accidents, and so on. It states that the patron understands and voluntarily assumes these risks. 3. Waiver of Liability: Here, the patron explicitly agrees to release the parking lot owner from any liability for injuries, damages, or losses resulting from the use of the parking lot. This includes waiver of rights to sue or make any claims against the owner, their employees, agents, or affiliates. 4. Indemnification: This section states that the patron will indemnify and hold harmless the parking lot owner and their entities from any claims, demands, or legal actions brought by third parties arising from their use of the parking lot. 5. Severability: This clause ensures that if any provision within the Kansas Receipt by Parking Lot Owner to Patrons — Waiver of Liability is deemed unenforceable, it will not affect the validity of the remaining provisions. Types of Kansas Receipt by Parking Lot Owner to Patrons — Waiver of Liability may include: 1. Standard Parking Lot Waiver: This is the most common type of waiver used by parking lot owners in Kansas. It covers general liability and is applicable to both individual patrons and businesses using the parking lot. 2. Reserved Parking Event Waiver: When parking lots reserve spaces or areas specifically for events or special occasions, a separate waiver may be required. This waiver may include additional terms or restrictions for event attendees. 3. Seasonal or Long-Term Parking Waiver: For patrons who lease or rent parking spaces for an extended period, a separate waiver can be created to address specific long-term arrangements, responsibilities, and conditions. Always consult with legal professionals to ensure compliance with Kansas state laws and tailor the waivers to individual circumstances and requirements.
