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.
Mississippi Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that parking lot owners in the state of Mississippi used to protect themselves against potential claims or lawsuits arising from injuries or damages that may occur on their premises. This receipt serves as evidence that the patron has read and understood the terms of the waiver, acknowledging the potential risks involved in using the parking lot. The waiver of liability is a crucial document for parking lot owners to ensure that they are not held responsible for any accidents, thefts, or damages that may occur within their premises. By obtaining the patron's signature on this receipt, the parking lot owner seeks to transfer the responsibility of any incidents to the patron. The content of the Mississippi Receipt by Parking Lot Owner to Patrons — Waiver of Liability typically includes the following: 1. Title: The document begins with a clear and concise title, such as "Mississippi Receipt by Parking Lot Owner to Patrons — Waiver of Liability." 2. Introduction: An introductory paragraph explains the purpose and intent of the waiver, emphasizing that the parking lot owner cannot be held responsible for any incidents occurring on the premises. 3. Description of Potential Risks: This section informs the patrons about the potential risks associated with using the parking lot, such as accidents, theft, property damage, or personal injury. 4. Assumption of Risk: The receipt outlines how the patron acknowledges and assumes these risks voluntarily when using the parking lot and that they are solely responsible for any consequences that may arise. 5. Release of Liability: This section states that the patron agrees to release the parking lot owner, employees, and affiliates from any claims, damages, losses, or injuries, whether caused by negligence or otherwise. 6. Indemnification: The document may include a clause where the patron agrees to indemnify and hold the parking lot owner harmless from any claims made by third parties related to their use of the parking lot. 7. Binding Agreement: The receipt clarifies that the waiver of liability constitutes a binding legal agreement between the patron and the parking lot owner. 8. Signature and Date: The document provides spaces for the patron to sign and date, confirming that they have read, understood, and accepted the terms of the waiver. Variations of this Receipt by Parking Lot Owner to Patrons — Waiver of Liability may include additional clauses or specific terms tailored to different types of parking lots or unique circumstances. For example, there may be different versions for private parking lots, commercial parking garages, or valet parking services. It is important for parking lot owners in Mississippi to ensure that the language used in the receipt is clear, unambiguous, and complies with local laws. Seeking legal advice and assistance in drafting or reviewing such waivers is recommended to ensure their effectiveness and protection.
