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park at your own risk.. legal situation

  • 21-07-2012 11:57am
    #1
    Registered Users, Registered Users 2 Posts: 147 ✭✭


    When you park in a car park where there is a sign saying no responsibilty taken for any damage/park at own risk etc is that enough to allow them disclaim any responsibility if you are damaged.

    1 In a council car park where you are charged
    2I aprivate car park where you are charged
    3In a private free parking area like Tesco and M&S

    This is just curiousity as to whether they - paid ones especially - are free of all resposibility while charging for a service


Comments

  • Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    It is a matter of contract.

    Car Park operator will avoid liability if:

    - notice is brought to your attention before you enter the car park / get your ticket; (This is unlikely to apply in a free car park, where you can leave at any time and did not have to pay to get in.)
    - it is not unfair for them to exclude liability; and
    - liability for their negligence is not excluded unless it specifically says so.


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


    I'm curious as to why you think they would be liable. The only damage i can think of is by another car or by a vandal, neither of which would be the fault of the carpark


  • Registered Users, Registered Users 2 Posts: 147 ✭✭whiteonblu


    MagicSean wrote: »
    I'm curious as to why you think they would be liable. The only damage i can think of is by another car or by a vandal, neither of which would be the fault of the carpark
    because when you are paying I though they might have a duty of care as you were paying for a service. I didn't really think they were just wondered because of the payment


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    whiteonblu wrote: »
    because when you are paying I though they might have a duty of care as you were paying for a service.

    You are paying for the use of a parking space, not for full security of your vehicle.


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I know when the quays in Waterford flood, the car parks do not cover any damage to cars. The car parks are both private and city council.


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