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Car Parks and Legal Disclaimer Signs

  • 22-09-2011 7:33pm
    #1
    Cicero
    Closed Accounts Posts: 14,144 ✭✭✭✭


    Just a curiosity question- you always see these "legal disclaimer" signs in car parks- i.e. company is not responsible for any damage incurred to property/cars left here on these premises...etc etc

    My questions are: (appreciate they're interrelated/similar)

    1. What is the purpose of these signs?
    2. Do they have any "legal" basis or are they simply deterrents to put people off trying to claim from a company who owns the carpark if something does happen to their car/property?
    3. What could someone potentially claim for if the signs weren't there?

    No other basis for the question bar curiosity.


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Cicero wrote: »
    1. What is the purpose of these signs?

    I would have thought that that was glaringly obvious. It's a legal disclaimer, don't bother suing us.
    Cicero wrote: »
    2. Do they have any "legal" basis or are they simply deterrents to put people off trying to claim from a company who owns the car park if something does happen to their car/property?

    They do have a legal basis because essentially they are setting out terms and conditions and by parking there you are deemed to have accepted the Ts & Cs which boil down to 'park here at your own risk'.
    Cicero wrote: »
    3. What could someone potentially claim for if the signs weren't there?

    Probably very little but lawyers being lawyers, they will tell the owner to put the sign up to cover his ass.


  • #3
    castie
    Hosted Moderators Posts: 3,807 ✭✭✭castie


    coylemj wrote: »
    They do have a legal basis because essentially they are setting out terms and conditions and by parking there you are deemed to have accepted the Ts & Cs which boil down to 'park here at your own risk'.

    Surely there has to be limitations to this?
    Say for example if they put up a sign saying any physical damage suffered on the property they could not sue. Then someone gets run over by one of their clamping vans.

    Does this mean they agreed to the T&C and cant sue? Sounds farcical if so.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    It is not possible to contract out of liability for personal injury.


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    castie wrote: »
    Surely there has to be limitations to this?
    Say for example if they put up a sign saying any physical damage suffered on the property they could not sue. Then someone gets run over by one of their clamping vans.

    Does this mean they agreed to the T&C and cant sue? Sounds farcical if so.

    Afaik they don't really have any effect or change anything.


  • #6
    McCrack
    Registered Users, Registered Users 2 Posts: 2,997 ✭✭✭McCrack


    Seanbeag1 wrote: »
    Afaik they don't really have any effect or change anything.

    This is correct. They mean nothing. The only legal effect they can have is an occupier expressly limiting his duty of care to visitors to that of recreational user (which are two of the three types of persons that the Occupier's Liability Act provides for)

    http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0005.html#sec5


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  • #7
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    A very significant point about them is that they have to be visible before entering the car park. The contract is made at the point of entry to the car park. New conditions cannot be introduced into the contract after it is formed.

    THORNTON v. SHOE LANE PARKING LTD
    [1971] 2 W.L.R. 585


  • #8
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    The signs have a purpose as they make clear that you are only parking your car on our car park, we are not "keeping it safe" nor are we responsible if another user damages it.

    If they weren't there then the implied contract would be any different but then you'd have a row over the scope of that contract.


  • #9
    ANSI
    Closed Accounts Posts: 384 ✭✭ANSI


    McCrack wrote: »
    This is correct. They mean nothing. The only legal effect they can have is an occupier expressly limiting his duty of care to visitors to that of recreational user (which are two of the three types of persons that the Occupier's Liability Act provides for)

    http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0005.html#sec5

    is this to say they cannot totally get out of all responsibility to the car owner?


  • #10
    Victor
    Registered Users, Registered Users 2 Posts: 78,610 ✭✭✭✭Victor


    ANSI wrote: »
    is this to say they cannot totally get out of all responsibility to the car owner?
    On one end of the scale, if the staff of the car park are known to drink at work and one of them crashes a patrol vehicle into your vehicle or you, there would be little or no defence.

    If a car thief strikes in a place not known for car theft, the vehicle owner is expected to have their own insurance and/or cover the loss themselves.


  • #11
    Cicero
    Closed Accounts Posts: 14,144 ✭✭✭✭Cicero


    coylemj wrote: »
    I would have thought that that was glaringly obvious.

    Well, not to me it's not..hence the question...:)
    Seanbeag1 wrote: »
    Afaik they don't really have any effect or change anything.
    McCrack wrote: »
    This is correct. They mean nothing. The only legal effect they can have is an occupier expressly limiting his duty of care to visitors to that of recreational user (which are two of the three types of persons that the Occupier's Liability Act provides for)

    http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0005.html#sec5
    Jo King wrote: »
    A very significant point about them is that they have to be visible before entering the car park. The contract is made at the point of entry to the car park. New conditions cannot be introduced into the contract after it is formed.

    THORNTON v. SHOE LANE PARKING LTD
    [1971] 2 W.L.R. 585
    BrianD wrote: »
    The signs have a purpose as they make clear that you are only parking your car on our car park, we are not "keeping it safe" nor are we responsible if another user damages it.

    If they weren't there then the implied contract would be any different but then you'd have a row over the scope of that contract.
    Victor wrote: »
    On one end of the scale, if the staff of the car park are known to drink at work and one of them crashes a patrol vehicle into your vehicle or you, there would be little or no defence.

    If a car thief strikes in a place not known for car theft, the vehicle owner is expected to have their own insurance and/or cover the loss themselves.

    Thanks guys...I see in electronically operated pay carparks whereby if you don't accept the terms of conditions that you should drive straight out again and the barrier will be lifted for you- they certainly take this legal notice quite seriously.


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