“Not responsible for loss or damage to car or contents by fire, theft, or trespassing. Car driven by employee at owner's risk. No employee may alter these conditions or increase responsibility."
That paragraph is a disclaimer. It was printed on a parking lot claim ticket I recently received.
A disclaimer is a statement that attempts to eliminate or limit legal responsibility; Disclaimers like the one above often are found on tickets at parking lots and carwashes.
Fortunately, for those of us who own cars, but do not own parking lots or carwashes, these disclaimers are not always enforceable.
Generally, in Arizona a bailment must be created before another person can be held liable for damage to your property.
A bailment arises when you entrust your property to another person for some purpose agreed upon by both of you. For example, when you give your car to an employee of a carwash to have it washed, a bailment may be created.
In most situations, complete control of your property must be given to another person to create a bailment. If, for example, you park your own car in a parking lot, you probably have not created a bailment under Arizona law. If, however, you leave your keys with a parking lot attendant who drives the car to a space and parks it, you probably have established a bailment.
Even when valid bailments are created, a parking lot or carwash owner still may avoid or limit his liability to you or damage done to your car. To do so, however, generally requires more than simply handing you a ticket or receipt with a disclaimer printed on it. At a minimum, the owner or employee must direct your attention to the disclaimer so it is clear that you had knowledge of it.
Just as a disclaimer does not void liability in all cases, damage to your property does not mean you have an absolute right to recover.
If your car or other property is damaged by an accident or otherwise, or if something is stolen from your car while it is entrusted to someone else, you should first make a claim with that person or his insurance company. If that proves unsuccessful, Arizona justice of the peace courts and their small claims divisions may be used to resolve these disputes. |
