法律英语：58 Parking Lot Waivers

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   
 
Many of us have left our cars in parking garages, and expect our cars to be there, and in the same condition, when we return. Unfortunately, this is not always the case. Adam from California wrote:
 
In California, whenever you use valet parking, on the back of your parking slip there is a notice that the valet company is not responsible for any damage to your car. If the valet scratches or damages the car while parking it, how can they not be held responsible?
 
Adam’s question has two parts. First, whether the disclaimer has any effect generally, and second, assuming the disclaimer has an effect, does the disclaimer operate to insulate the company from the acts of its own employees? The answers vary widely from state to state, and depending on other circumstances.
 
In some states, including Alabama, California, and Louisiana, courts have held that a preprinted ticket that includes an express waiver of liability can give sufficient notice to the customer that the parking lot was not taking responsibility for damage. So, those courts held, in some circumstances, that the parking garage was not liable for damages caused by third parties to the car while the car was parked in the garage or lot.
 
In some cases, courts have held that the waiver of liability does not apply where the customer did not see the waiver. For example, if the waiver is listed on a sign in the garage, but the customer did not see it, or would not normally pass the sign before leaving the garage, then the waiver does not work.
 
Other courts will only allow the waiver of liability to work where you do not give your car to an employee of the garage. So, if you get a preprinted ticket from a machine with a waiver, park the car yourself, and take the keys with you, then the garage is not responsible for damages. Only where you actually give the car to an attendant, and the attendant parks the car for you and keeps the keys, will some courts void the waiver of liability.
 
However, in most states, including New York and Ohio, courts reviewing parking tickets have held generally that these broad waivers of liability are void as against public policy. The courts reasoned that a parking garage acts as a professional bailer⁴, and cannot waive³ its duties even where it expressly tells the customer that it is doing so. That is, a business whose manifest function is to care for cars cannot absolve⁵ itself of liability for performing that function in a manner that causes damages to vehicles. Ohio courts are outspoken⁶ in their criticism for these bald attempts to shift the burden to care for a car back onto the consumer. In these states, the waivers of liability have no effect.
 
Turning to Adam’s second question, customers are in luck. Even in states where the waiver of liability has an effect, those states generally agree that the waiver does not apply to damages to the car caused by the intentional⁷ or negligent⁸ actions of the garage employees. The law generally does not allow you to waive liability for damages caused by your own negligence⁹. If this were possible, then every business could just post a generic¹⁰ waiver of liability for everything they do, and customers would never have any recourse. Courts have universally held that such a scheme cannot really work, and customers need protection.   
 
Reading all these authorities together, you are better off taking public transportation or walking in cities where you feasibly can – it avoids the problem altogether. See you on the bus!
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹¹ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com and don't forget to take the short listener survey by clicking on the green 5 to the right of the transcript¹².
 
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1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 waive   

vt.放弃，不坚持(规定、要求、权力等)

参考例句：

• I'll record to our habitat office waive our claim immediately.我立即写信给咱们的总公司提出放弃索赔。
• In view of the unusual circumstances,they agree to waive their requirement.鉴于特殊情况，他们同意放弃他们的要求。

4 bailer   

汲出积水的人，水斗； 水瓢； 水勺

参考例句：

• In high speed offset printing, unstable performance of bailer adverse effect on the quality of presswork. 在高速胶印生产中，水斗液的性能不稳定对印刷品的质量产生不良影响。

5 absolve   

v.赦免，解除（责任等）

参考例句：

• I absolve you,on the ground of invincible ignorance.鉴于你不可救药的无知，我原谅你。
• They agree to absolve you from your obligation.他们同意免除你的责任。

6 outspoken   

adj.直言无讳的，坦率的，坦白无隐的

参考例句：

• He was outspoken in his criticism.他在批评中直言不讳。
• She is an outspoken critic of the school system in this city.她是这座城市里学校制度的坦率的批评者。

7 intentional   

adj.故意的，有意（识）的

参考例句：

• Let me assure you that it was not intentional.我向你保证那不是故意的。
• His insult was intentional.他的侮辱是有意的。

8 negligent   

adj.疏忽的；玩忽的；粗心大意的

参考例句：

• The committee heard that he had been negligent in his duty.委员会听说他玩忽职守。
• If the government is proved negligent,compensation will be payable.如果证明是政府的疏忽，就应支付赔偿。

9 negligence   

n.疏忽，玩忽，粗心大意

参考例句：

• They charged him with negligence of duty.他们指责他玩忽职守。
• The traffic accident was allegedly due to negligence.这次车祸据说是由于疏忽造成的。

10 generic   

adj.一般的，普通的，共有的

参考例句：

• I usually buy generic clothes instead of name brands.我通常买普通的衣服，不买名牌。
• The generic woman appears to have an extraordinary faculty for swallowing the individual.一般妇女在婚后似乎有特别突出的抑制个性的能力。

11 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

12 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。