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.
Massachusetts Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that serves as proof of payment for parking services rendered and also acts as a waiver of liability for the parking lot owner. This document is commonly used in Massachusetts to protect parking lot owners from potential legal claims arising from accidents, theft, or damage to vehicles parked on their premises. The waiver of liability portion of the receipt specifies that by accepting the parking services, the patron acknowledges and agrees to release the parking lot owner from any responsibility for personal injuries, property damage, or theft that may occur while utilizing the parking facility. It serves as a legal contract between the parking lot owner and the patron, outlining the terms and conditions for using the parking lot. Different types of Massachusetts Receipt by Parking Lot Owner to Patrons — Waiver of Liability may include: 1. Standard Receipt and Waiver of Liability: This type is the most common and provides a straightforward format for documenting payment and waiving liability. It includes the essential details such as the date and time of parking, the duration of the stay, the amount paid, and a clear statement regarding the waiver of liability. 2. Valet Parking Receipt and Waiver of Liability: This type is specific to valet parking services where the parking lot owner assumes responsibility for parking the vehicle. It includes additional details such as the name of the attendant, the license plate number of the vehicle, and any special instructions provided by the patron. 3. Event Parking Receipt and Waiver of Liability: This type is used for parking services provided during events, such as concerts, festivals, or sporting events. It may include additional terms and conditions specific to the event, such as restricted parking areas, time limits, or rules of conduct. 4. Monthly or Long-Term Parking Receipt and Waiver of Liability: This type is designed for patrons who opt for extended parking periods, such as monthly or yearly contracts. It outlines the terms, duration, and pricing of the agreement, along with the waiver of liability clause to protect the parking lot owner throughout the contracted period. It is essential for both the parking lot owner and patrons to carefully read and understand the terms outlined in the Massachusetts Receipt by Parking Lot Owner to Patrons — Waiver of Liability. While this document provides some level of protection for the parking lot owner, it does not absolve them of all responsibilities. Patrons should still take reasonable precautions and ensure that their vehicles are secure before leaving them unattended.
