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.
Kentucky Receipt by Parking Lot Owner to Patrons — Waiver of Liability A Kentucky Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that outlines the terms and conditions under which a parking lot owner waives liability for any potential damages or injuries that may occur on their premises. This receipt serves as proof of payment and also acts as a binding agreement between the parking lot owner and the patron. The purpose of the Kentucky Receipt by Parking Lot Owner to Patrons — Waiver of Liability is to protect the parking lot owner from legal actions that may arise due to accidents, theft, damage to vehicles, or any other unforeseen circumstances. By signing this receipt, patrons acknowledge that they understand and accept the risks associated with parking on the designated property. Different types of Kentucky Receipt by Parking Lot Owner to Patrons — Waiver of Liability may include the following: 1. General Liability Waiver: This is a standard waiver form that covers a broad range of potential risks and indemnifies the parking lot owner from any liability arising from accidents or incidents. 2. Vehicle Damage Waiver: This type of waiver specifically addresses damages to vehicles parked on the premises. It typically includes a clause stating that the parking lot owner is not responsible for any theft, vandalism, or damage caused to the vehicle during the patron's parking duration. 3. Personal Injury Waiver: In addition to vehicle-related risks, this waiver focuses on injuries sustained by the patron while in the parking lot. It ensures that the parking lot owner is not liable for any personal injuries that may occur, such as slip and falls, tripping hazards, or other accidents. 4. Theft and Vandalism Waiver: This waiver explicitly outlines that the parking lot owner is not responsible for any stolen items or vandalism that may happen to the patron's vehicle while parked on the premises. Patrons should read and understand the Kentucky Receipt by Parking Lot Owner to Patrons — Waiver of Liability thoroughly before signing. It is crucial for both parties to be aware of their rights and responsibilities, as well as any potential risks associated with using the parking lot. The receipt serves as evidence should any legal disputes arise in the future, emphasizing the importance of clarity and transparency in its content.
