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bilbo  
#1 Posted : 27 July 2011 16:46:35(UTC)
Rank: Super forum user
bilbo

I have a feeling I ought to know the answer to this but before I go charging off - does anyone have a quick response to this? I am being urged by an auditor to ensure that car parks are all posted with a sign that basically says "we" accept no responsibility for damage etc caused to vehicles parked .... at owners risk..... you know the sort of thing. But is this strictly right - does not occupiers liability come into this? Any views welcome.
Canopener  
#2 Posted : 27 July 2011 16:58:19(UTC)
Rank: Super forum user
Canopener

I am more than happy to be corrected on this but I believe that both OLA's are concerned with injury or ill health rather than damage to property, although I assume that the common law duty of care would prevail.

Further to the recent thread on disclaimers, you may erect a disclaimer, but the effect of this will depend on the circumstances and whether the disclaimer breaches the terms of the Unfair Contract Terms Act. Of course whether an occupier accepts no responsibility, doesn't mean to say that they won't be held responsible and therefore liable. Similalrly they can generally only be held liable for damage etc that is under their control. Most such notices are of dubious value.

Steve Sedgwick  
#3 Posted : 27 July 2011 18:39:57(UTC)
Rank: Super forum user
Steve Sedgwick

I ageee with Phil and would add that the sign is not worth the board it is printed on.

What sort of auditor recommended this, he/she sound dubious to me
Steve
Betta Spenden  
#4 Posted : 27 July 2011 20:08:35(UTC)
Rank: Super forum user
Betta Spenden

Disclaimers for inanimate objects (in this case a vehicle and contents) are acceptable. Disclaimers for personnel injury are not (the quote from Oculi exercitus is correct). The sign is a goer and if it’s an insurance auditor (just a guess) then I can see where they are going with this.

OOLA 57/84 don’t apply to the vehicle.
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