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.
Rhode Island Receipt by Parking Lot Owner to Patrons — Waiver of Liability is a legal document that acts as a contract between the parking lot owner and the patrons, releasing the parking lot owner from any claims or liability arising from the use of the parking facilities. This receipt and waiver protect the parking lot owner from potential lawsuits and allow them to clarify their responsibilities and limitations to the patrons. The Rhode Island Receipt by Parking Lot Owner to Patrons — Waiver of Liability includes several key elements, such as: 1. Identification: The receipt includes the name and contact information of the parking lot owner or the company operating the parking facility. 2. Patron Information: This section requires the patrons to provide their full name, contact details, and vehicle information (license plate number, make and model) for identification purposes. 3. Assumption of Risks: The waiver clearly states that patrons assume all risks associated with using the parking facility, including theft, damage, accidents, or any other incidents that may occur on the premises. 4. Release of Liability: This section releases the parking lot owner from any legal claims, demands, or actions arising from the use of the parking facility. Patrons acknowledge that they waive their right to pursue any legal recourse against the owner or operators. 5. Acceptance and Agreement: Patrons are required to sign and date the receipt, indicating their acceptance and agreement to the terms and conditions stated within the document. 6. Parking Guidelines: Some receipts may include specific guidelines or rules for using the parking facility, such as designated parking areas, time restrictions, or prohibited activities. These guidelines help to ensure safety and order within the parking lot. Different types or variations of Rhode Island Receipt by Parking Lot Owner to Patrons — Waiver of Liability may include additional clauses or provisions tailored to specific parking lot operations. These variations could address valet parking services, self-parking facilities, long-term parking arrangements, or unique circumstances like parking at special events or private properties. It is important to note that the language and content of the receipt and waiver should comply with the legal requirements and regulations of Rhode Island to ensure its validity and enforceability. Consulting with a legal professional experienced in Rhode Island law is advisable when creating or customizing such documents.
