Disclaimers

1. 61

   Dave Mathewsposted 12 years ago

   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?

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   1. 59

      Randy Godwinposted 12 years agoin reply to this

      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. 
      
      
      
                                             

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      1. 61

         Dave Mathewsposted 12 years agoin reply to this

         Randy Godwin: Thanks so much for your response and for clarifying this for me.

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   2. 60

      wilmiers77posted 12 years agoin reply to this

      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.

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      1. 61

         Dave Mathewsposted 12 years agoin reply to this

         wilmiers: I agree, and one would have to be a fool to sign anyhting in agreement to such a disclaimer as it lends credence to the disclaimer.

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2. 77

   LuisEGonzalezposted 12 years ago

   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.....

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   1. 61

      Dave Mathewsposted 12 years agoin reply to this

      LuisEGonzalez: Again thank you. This provides clarity beyond belief. It is quite beneficial.

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3. 73

   relacheposted 12 years ago

   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.

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   1. 61

      Dave Mathewsposted 12 years agoin reply to this

      I do understand where you are coming from. Thanks for the insight.

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      1. 60

         wilmiers77posted 12 years agoin reply to this

         Thanks for the more details. I want to add that US courts are leaning toward shared culpability more and more.

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