Disclaimers in private car parks

Honest John Back Room » Legal matters
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Mon 5 Apr 2010 19:37
Disclaimers in private car parks - monkeymick
Is there any need for a large store, e.g Tesco/Asda/Ikea to display a liability disclaimer in their car parks in case of accident or theft?

I'm assuming the store owns the land the car park is on....

Thanks in advance

MM
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Mon 5 Apr 2010 19:50
Disclaimers in private car parks - rtj70

If there is or isn't a need they do have disclaimers. Why the question?

The car parks are public places and normal road traffic rules apply - if someone bumps another car it's insurance claim time etc.

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Wed 7 Apr 2010 16:44
Disclaimers in private car parks - concrete

Look around, everyone does this. Pubs, Clubs, Shops, Churches, anyone with a car park does not accept laibilty for actions within the car park by customers or anyone else. Basically it is the same as a public road situation. Imagine if Tesco said ' don't worry if someone dents your door while shopping here, we will pay for the damage' They would be bankrupt in no time. Ths disclaimer is simply informing you of your position when using their facility. The only time a contract would exist for a duty of care towards your property(car) would be if a Tesco employee parked the car for you or directed you to a specific area of the car park and your property was subsequently damaged. Concrete

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Wed 7 Apr 2010 17:46
Disclaimers in private car parks - commerdriver

I always understood that while places can deny responsibility for something outwith their control like anither customer backing into your car and driving off, they could not deny liability for something under their control like their staff moving a long line of trollies into your car or similar.

Is that really true?

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Sun 25 Apr 2010 13:34
Disclaimers in private car parks - concrete

If anyone damages your property(car in this case)no matter where it is they are liable for the damage caused. If a Tesco employee damages your car with a trolley whilst at work performing their duties then Tesco is liable. If I damaged your car with a trolley whilst shopping then I am liable and you would have to pursue me for redress. The disclaimers are telling you this, although not in any detail. Concrete

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Mon 7 Feb 2011 12:33
Disclaimers in private car parks - gfewster

There's an old adage here that I believe is appropriate:

"You can't change the law of the land just by putting up a notice saying so".

If a member of supermarket staff damages your car with a line of trollies, their employer is liable. Ownership of the car park and any concept of 'your own risk' is irrelevant. They would still be liable even if they pushed trollies into your car outside of the car park. Unless their employer hadn't sanctioned the taking of trollies outside the car park, then they'd be personally liable.

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Mon 31 Jan 2011 17:31
Disclaimers in private car parks - AllanLesley

Its the Law of Torts that plays its part. It a duty of care that the parking owners or big mall owners owe to their customers.

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Mon 31 Jan 2011 23:07
Disclaimers in private car parks - concrete

Tort law is not applicable where a contract exists. Car park owners invite you to use their facility at your own risk. If you use the facility, with that knowledge, then it could be argued that a contract exsists between you and car park owner. This does not absolved the owners completely from all responsibility, if for instance your car was damaged by an action they could reasonably have forseen or prevented. Tort law allows you to pursue any person or entity that has damaged your property. i.e. a car and seek redress through a civil action. The simple fact is disclaimers are to make you aware and then you make the choice. Concrete

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