If I pay to park on someones property, what obligation do they have for my safety?
Full Question:
Answer:
he answer to your question may depend on what type of property you are referring to and whether you signed a waiver and release of liability. A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. The release acts as an assurance to the person requesting the release that they will not be subjected to litigation resulting from the signing party's informed and consensual acts.
Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. Homeowners can be and often are held liable for injuries which occur on their property. If a person slips, trips, or falls as a result of a dangerous or hazardous condition, the property owner may be fully responsible. Property owners are generally held accountable for falls as a result of water, ice, or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. Several categories of persons to whom a property owner may be liable exist, and the duties of protection owed to each group are specific. Where a homeowner, by express or implied invitation, induces or leads others to come upon the premises for any lawful purpose, a duty to exercise ordinary care arises to keep the premises safe. The invitation may be express, implied from known and customary use of portions of the premises, or inferred from conduct actually known to the homeowner. Workers or contractors are typically considered invitees. A licensee is a person who has no contractual relation with the owner of the premises but is permitted, expressly or implicitly, to go on the premises. The homeowner is liable to a licensee only for willful or wanton injury. It is usually willful or wanton not to exercise ordinary care to prevent injuring a licensee who is actually known to be, or is reasonably expected to be, within the range of a dangerous act or condition.
A person creating a condition causing the injury, while acting under direction of the owner or possessor, may be liable. A property owner is generally liable for dangerous conditions on the property, such as dead trees overhanging a walkway, negligently maintained stores, parking lots, stairways and driveways. The duties of a premises owner are typically nondelegable. If the owner remains in possession, the owner cannot escape responsibility merely because he contracted with a company to provide maintenance. For example, a business remains liable for the condition of its parking lot, even if it has hired a landscaping company to maintain the parking lot and to remove snow and ice.
A parking facility is generally defined as any building, structure, land, right-of-way, equipment or facility used or useful in connection with the construction, enlargement, development, maintenance or operation of any area or building for off-street parking of motor vehicles. Private facilities are subject to the rules of the facility owner. Many cities operate parking facilities by authority of the state legislature. A location on private property may be regulated by governmental codes/ordinances and traffic laws such as handicap parking stalls, loading zones, fire zones etc. State statutes, which vary by state, may empower certain cities or towns to make and enforce rules and regulations governing the use of any parking facility owned or controlled by the city. Operators of parking garages may not only be responsible for the vehicles on their premises, but for the safety of persons on their premises as well. Failure to provide security personnel or proper lighting in areas known for high crime rates have subjected parking lot owners to liability for assaults on patrons.
A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property. Examples include securities left with the bank, autos parked in a garage, animals lodged with a kennel, or a storage facility (as long as the goods can be moved and are under the control of the custodian). There are different types of bailments- "bailments for hire" in which the custodian (bailee) is paid, "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible. There is a lower standard of care imposed upon the bailee in a gratuitous bailment, and the parties may contract to hold the bailee free from liability in any bailment. As the law of bailments establishes a lower standard of care for the bailee in a gratuitous bailment agreement, such an agreement or receipt should indicate explicitly that the bailee is acting without compensation. When a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care. If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care. A gratuitous bailee must use only slight care and is liable only for gross negligence. To create a bailment, the alleged bailee must have actual physical control with the intent to possess. Physical control and intent to possess will be interpreted according to the expectations of the parties. If a court thinks that liability would be unexpected or unfair, it can usually find that the defendant did not have “physical control” or “intent to possess.” For example, courts are more likely to find a bailment of a car exists in a garage with an attendant than in a park and lock garage. The law of some states is unclear on the issue of bailment in self-help lots and is unclear on whether a disclaimer on the ticket to park is valid.
