Car parks and duty if care

[GreenR]

I always park with only one side open to other cars. So I will park with a concrete pillar on one side, gutter, end of the row etc

[Ford_The_Win]

Originally Posted by Professor_Evans

Yeah it was an old dude that owned that Subaru, he glared at me when he was walking to his car.
I just said "If you'd parked correctly, I wouldn't have needed to get so close mate."

Its pretty bad in the mainstreet of my hometown, people don't know how to park without crashing into the curb/backing into you.

Did he have a moustache? Sounds like my uncle

[Buttnekid]

Originally Posted by danny351

As a Solicitor, parking stations have no duty of care in regard to damage or theft of a vehicle.

UNLESS, negligence can be proved.

They also would have to provide sufficent warning as to no liability, perhaps a sign as you drive into the parking station for instance:

Long standing English Case in regard to same:
http://en.wikipedia.org/wiki/Thornto...ne_Parking_Ltd

With the greatest of respect the caselaw you cite is actually contrary to your contention.

It in fact separates causes of action in contract from causes of action in tort. To contractually exclude the general law of negligence, there needs to be specific PRIOR notice of exempting conditions.

The OP is not asking that question, he is saying whether the negligent design of the carpark can instill in a cause of action in a person that suffers damage directly caused by the car park being too small.

I would say all of the elements of negligence are satisfied, it just comes down to whether it has been properly contractually exempted or not. In many cases it will not have been, so your general statement that "parkings stations have no duty of care in regard to damage or theft of a vehicle UNLESS negligence can be provided" is legally incorrect.

Duty of Care is not dependant upon proving negligence. Duty of care is an obligation owed to one person.

Where as negligence is the performance of an act or ommision of a tortfeaser in breach of that duty of care.

I guess what I am saying is that you dont have to prove negligence for their to be a duty of care and there is certainly not a general rule of law that no duty of care owed by carparks as the caselaw you cite establishes. You also omit to consider various statutes (Occupier and Civil Liability Acts etc) that are unable to be contracted out of.

My solution is not to drive and park at a carpark unless absolutely necessary and then I will wait until I can get an end of the line car bay and butt hard up against the curb/pillar whatever to try and create an acceptable space but you always get some turkey who will simly park on the line and then render useless your efforts to prevent some kid or uncaring adult from ruining your day when you return to your pride and joy.

cheers

[93EB_SXR6]

Originally Posted by Ford_The_Win

Did he have a moustache? Sounds like my uncle

Dunno mate, it was a good 7-8+ months ago in Strathalbyn.