CARS PARKED AT OWNER’S RISK

[Giwa Ihesha]

“CARS PARKED AT OWNER’S RISK.” THEN YOUR CAR DISAPPEARS… WHAT NEXT?

You drive into a hotel.

You park your car.

Before you walk away, you notice a small sign:

“CARS PARKED AT OWNER’S RISK.”

You look at it and think:

“Okay, if anything happens to my car, there is nothing I can do.”

But hold on.

That statement is not necessarily the end of the matter.

Imagine you return and discover that your car has been damaged or stolen.

You immediately see the person in charge of the car park.

YOU:
“Where is my car?”

PARKING ATTENDANT:
“Sir, we have a sign here. Cars are parked at owner's risk.”

YOU:
“So that means you cannot be held responsible for anything?”

ATTENDANT:
“That is what the sign says.”

YOU:
“Then let's first look at the circumstances surrounding what happened.”

And that is where the real legal question begins.

A sign saying “Cars parked at owner's risk” does not automatically answer every question about liability.

The court may have to look at what actually happened and the relationship between the vehicle owner and the person or business operating the premises.

For example:

Did you pay specifically for the parking service?

Did the business take possession or control of your vehicle?

Did you hand your keys to an employee, security officer or valet?

Were you given a parking ticket or identification tag?

Did the business undertake to provide security or supervision?

Was there negligence that contributed to the loss or damage?

These facts can become important in determining whether the business may be legally responsible.

On the other hand, where you simply leave your vehicle in an open, free parking area without the business taking possession or undertaking a particular responsibility for it, the circumstances may be very different.

So don't look at the sign alone.

Look at the entire arrangement.

LEGAL NOTE

A disclaimer displayed on a wall is not automatically a complete defence to every claim.

Whether a business can be held liable will depend on the facts, any agreement between the parties, the nature of the parking arrangement, applicable consumer/contract principles and whether negligence or another legal basis for liability can be established.

And please remember:

“Owner's risk” does not mean “the law does not apply.”

But it also does not mean the car park owner automatically becomes responsible whenever something happens to your vehicle.

The facts matter.

Always lock your vehicle.

Don't leave valuables in plain sight.

Keep your parking ticket or tag where one is issued.

If you notice damage or loss, document the scene immediately and report it.

Have you ever seen “CARS PARKED AT OWNER'S RISK” and wondered whether the sign actually protects the business?

Tell us what you think in the comments.

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