If a landlord posts a disclaimer, denying responsibility, do the courts accept this as fact and rule on the side of the landlord?
ie. The Landlord disclaims any and all responsibility for anything that might happen to your car and or its contents, that is legally parked in their underground parking facility. ( A Parking Fee is charged as a part of the rent)Is the landlord infact legally not responsible if their garage is broken into and your vehicle is damaged?
Merely because he posted something does not make it true or legal, Dave! Many of these posts are meant to deter the reader from taking legal action, or asking for insurance damages, and are not worth the paper they are printed on.
The courts have an implied contract stemming from the US Constitution and state laws based on what is fair and just. Paying the landlord any amount of money make the contract legally binding.
If the renter sign a contract agreeing to the disclaimer, than this is another story.
Landlords are in fact responsible while your vehicle is in their "custody". This can be tricky and confusing however since most courts will look the "reasonable" measures taken by the landlord in ensuring the protection of your vehicle.
Take this for example: you fall down in the parking garage and hurt yourself lets say due to some liquid having been spilled. The landlord is responsible.
Your vehicle's protection is a parallel situation in your assumption that equal care will be afforded to it like reasonable care is afforded to you from being hurt while there.
Just be mindful that landlords have to provide reasonable protection and different courts interpret what is "reasonable" in many ways.....
According to a lawyer friend of mine, many disclaimers won't hold up in court, provided there is solid evidence that negligent actions or irresponsible inaction on the part of the person who made the disclaiming statement can be proven.
For example, if the parking garage is well-maintained with a coded gate, good lighting, etc and your car still gets broken into, most likely the disclaimer will hold up. If the same space has fallen into disrepair, there's a greater chance that some responsibility will fall on the landlord.
Then again, if you forget to lock your car or leave it laden with tempting merchandise that's clearly visible through the windows, it's going to be seen as all your fault no matter what state the garage is in.
by Samantha Cubbison 4 weeks ago
Be on the lookout for the latest site to get the super helpful disclaimer feature, TatRing. This will differ slightly from the PetHelpful disclaimer, as it will be category-specific to cover as much territory, without overlapping on unnecessary content. We encourage the use of this tool in lieu of...
by Whitney 8 years ago
Do you guys offer disclaimers on any of your medical and health hubs, saying that you are, or aren't, a licensed practioner or veterinarion, and for serious concerns please consult a licensed doctor or vet? I was thinking about offering one for my pet health hubs, as with the few medical ones that...
by Jimbo'daNimbo 6 years ago
http://abcnews.go.com/blogs/politics/20 … istration/His boys screwed up and the most useless Attorney General we have ever had is why. However the buck is supposed to stop on the desk of the President.
by Marksinfo 8 years ago
Have any of you folks put a disclaimer on your websites? As per the Federal Trade Commission rulings.I have and would like to start a discussion on the subject.Marks info
by Mike Sanregret 8 years ago
I am a brand new hubber. My first hub is advice on whether to get a pet ferret or not. Should I include a disclaimer absolving myself of responsibility if someone buys a ferret and then claims my article was misleading?
by Queirdkus Ω Ibidem 6 years ago
Do you believe in the wisdom of the soul?Do you believe in the wisdom of the soul? What are some examples when soul wisdom was demonstrated in your experience?
Copyright © 2018 HubPages Inc. and respective owners. Other product and company names shown may be trademarks of their respective owners. HubPages® is a registered Service Mark of HubPages, Inc. HubPages and Hubbers (authors) may earn revenue on this page based on affiliate relationships and advertisements with partners including Amazon, Google, and others.
|HubPages Device ID||This is used to identify particular browsers or devices when the access the service, and is used for security reasons.|
|Login||This is necessary to sign in to the HubPages Service.|
|HubPages Traffic Pixel||This is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.|
|Remarketing Pixels||We may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.|
|Conversion Tracking Pixels||We may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.|