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.
New Hampshire Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document utilized by parking lot owners in New Hampshire to protect themselves from potential claims or lawsuits from patrons. This waiver serves as a written acknowledgment between the parking lot owner and the patron, indicating that the patron agrees to assume any potential risks associated with using the parking facility. Keywords: New Hampshire, receipt, parking lot owner, patrons, waiver of liability, legal document, claims, lawsuits, written acknowledgment, assume risks, parking facility. Types of New Hampshire Receipt by Parking Lot Owner to Patrons — Waiver of Liability: 1. General Waiver Agreement: This type of waiver is a standard agreement used by parking lot owners in New Hampshire to protect themselves from liability claims related to accidents, property damage, theft, or any other incidents that may occur on their premises. It ensures that patrons acknowledge and accept potential risks associated with using the parking facility. 2. Valet Parking Waiver: In the case of valet parking services provided by the parking lot owner, a specific valet parking waiver may be used. This waiver addresses additional risks and liabilities associated with the handling of patrons' vehicles, such as potential damages, theft, or accidents that may occur during valet parking services. 3. Exclusive Liability Waiver: Some parking lot owners may choose to have an exclusive liability waiver, which significantly minimizes their legal responsibility beyond what is legally mandated. This type of waiver is designed to limit the parking lot owner's liability to the fullest extent permitted by the law. 4. Seasonal or Event-Specific Waiver: For parking lots that cater to seasonal or event-related traffic surges, a seasonal or event-specific waiver may be used. This type of waiver addresses any unique risks or terms that are specific to certain times or events, such as increased pedestrian traffic during a festival or potential vehicle damage during winter conditions. 5. Contractor Liability Waiver: If a parking lot owner hires contractors or third-party service providers who may interact with patrons (e.g., valet attendants, maintenance personnel), they may have a separate contractor liability waiver. This waiver protects the parking lot owner from any liability arising from the actions or negligence of these contractors while they perform their duties on the premises. In conclusion, the New Hampshire Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a crucial legal document that safeguards parking lot owners in New Hampshire from potential legal claims or lawsuits. By utilizing different types of waivers, owners can tailor the contents to address specific risks and liabilities associated with their parking facility operations.
