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 Jersey Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document designed to protect parking lot owners from liability in case of accidents, theft, or damages that may occur to a patron's vehicle or belongings while parked in their lot. This receipt serves as evidence that the patron has agreed to release the parking lot owner from any responsibility. The receipt includes essential details such as the parking lot's name and address, the date and time of receipt issuance, the patron's name and contact information, and the parking duration. Along with these key elements, several types of waivers of liability may be included within the New Jersey receipt based on specific scenarios: 1. Accident Waiver: This type of waiver protects the parking lot owner from any liability in case of accidents, such as collisions or vehicle damage caused by reckless driving within the parking lot premises. It acknowledges that the patron uses the parking lot at their own risk and releases the owner from any responsibility in case of accidents. 2. Theft Waiver: This waiver pertains to theft or any loss of personal belongings from the parked vehicle. By signing the receipt with this waiver, the patron agrees that the parking lot owner cannot be held responsible for any stolen items, emphasizing that the parking lot is not responsible for maintaining the security of the parked vehicles. 3. Vandalism Waiver: In the event of deliberate damage or vandalism to the patron's vehicle while parked in the lot, this waiver protects the parking lot owner from any liability. It acknowledges that the parking lot owner cannot be held responsible or accountable for any damage caused by third parties. 4. Damage Waiver: This waiver covers any accidental damage caused to the patron's vehicle while parked in the lot. It releases the parking lot owner from any responsibility and states that the vehicle owner is solely liable for any losses or damages incurred. It is important to note that the New Jersey Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legally binding document once signed by the patron. Furthermore, it is advised for patrons to carefully read and understand the terms and conditions before signing, ensuring they acknowledge and accept any potential risks associated with parking their vehicle in the provided lot.
