Legal Question in Civil Litigation in Pennsylvania
Parking Garage Bailment
This is just a general question I've always been curious about; it doesn't pertain to any legal problems I have. When I park in a parking garage and receive a disclaimer that says ''You are transferring the possession but not ownership of your vehicle to us for a limited time and purpose. Even though we are taking possession of your vehicle and receiving compensation for doing so, NO BAILMENT IS CREATED.'' Can they not create a bailment just by saying ''No bailment is created.'', when in fact a bailment for hire was created?
1 Answer from Attorneys
Re: Parking Garage Bailment
well, "bailment" is really just a concept which imposes a duty on the bailee to use some degree of care for the property. The level of duty depends on the purpose of the bailment, who's getting paid, etc.
The real question is whether the garage successfully can disclaim liability for damage to the property. The disclaimer is probably effective to remove liability for any and all damage. But for the garage to disclaim liability for its own negligence, there's some rather strict requirements and special wording that's needed. The language you quoted would not be enough.
I.e., if another customer crashes into the car, the garage is probably not liable, but if an employee is driving the car and wrecks your Porsche's engine going over a speed bump (see the Click & Clack column), it could be liable despite the disclaimer.
As long as the garage is liable, I don't care whether there's a bailment.
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