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.
Oregon Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that provides a detailed description and terms of agreement between the parking lot owner and patrons. This receipt serves as a waiver where patrons acknowledge and accept the potential risks and liabilities associated with using the parking lot facilities. The Oregon Receipt by Parking Lot Owner to Patrons — Waiver of Liability includes several key elements to ensure clarity and protection for both parties involved. The following are some important aspects typically addressed in the document: 1. Identification and Contact Information: It includes the full legal name, physical address, and contact details of the parking lot owner and the patron(s) entering into the agreement. 2. Release of Liability: The receipt outlines that patrons willingly assume all risks, damages, injuries, or losses that may occur while using the parking lot facilities. By signing the receipt, patrons agree to release the parking lot owner from any liability. 3. Description of Risks: The document may provide a comprehensive list of potential risks associated with parking in the lot. This can include incidents like theft, property damage, accidents, vandalism, or any other hazards specific to the parking lot's location or surroundings. 4. Indemnification: The receipt states that the patron agrees to indemnify and hold the parking lot owner harmless from any claims, demands, or legal actions brought against the owner arising from the patron's use of the parking lot. 5. No Guarantees or Warranties: It clarifies that the parking lot owner does not make any guarantees or warranties regarding the security, safety, or condition of the parking lot and its facilities. 6. Jurisdiction and Applicable Law: The document should specify that any disputes arising from the agreement will be governed by the laws of the state of Oregon and subject to the jurisdiction of the state's courts. Types of Oregon Receipt by Parking Lot Owner to Patrons — Waiver of Liability: 1. General Parking Lot Receipt — Waiver of Liability: This type of receipt caters to the patrons' general use of the parking lot and covers a wide range of potential risks and liabilities associated with parking. 2. Event-Specific Parking Lot Receipt — Waiver of Liability: For parking lots that are primarily used for special events or functions, this receipt specifies the event name, date, and any additional terms or restrictions that may be applicable during the event. 3. Reserved Parking Space Receipt — Waiver of Liability: This receipt type is used when patrons rent or reserve a specific parking space within the lot. It outlines the terms and conditions related to the reserved spot, liability waivers, and any specific rules or regulations applicable to the reserved areas. In brief, the Oregon Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that aims to protect both the parking lot owner and the patrons by ensuring clear acknowledgment of potential risks and liabilities, along with the release of the parking lot owner's liability for any incidents that may occur on the premises.
