Legal Question in Insurance Law in New York

parking garages

I park my car in--name removed--public garage for which I pay--name removed-- --monthly fee. My car has been dented & scratched, the garage says they are not liable to fix any damage because they have---name removed---sign posted that they are not responsible for scratches or dents that happen while the car is in their possession. Please help.


Asked on 7/21/08, 2:49 pm

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Re: parking garages

The disclaimer is unenforcible to the extent that the damage was caused by negligence. This is in the New York General Obligations Law. There is a presumption of negligence when property is damaged while in the possession of a bailee who is paid to take care of it. (Actually, the law on this is fairly complicated, but the preceding sentence is effectively how this works. You might want to read the article in New York Jurisprudence on Bailments. You can find NY Jurisprudence in many libraries.)

The sign is required by the insurance company, because most people pay attention to signs even when they are lies. And insurance companies are merchants of lies, thievery and cheating.

I would unhesitatingly sue the garage unless my car was covered by collision/comp, in which case I would get my insurance to pay for the repair and let the insurance company sue the garage.

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Answered on 7/21/08, 2:54 pm
Kevin Connolly Kevin J. Connolly

Re: parking garages

The disclaimer is unenforcible to the extent that the damage was caused by negligence. This is in the New York General Obligations Law. There is a presumption of negligence when property is damaged while in the possession of a bailee who is paid to take care of it. (Actually, the law on this is fairly complicated, but the preceding sentence is effectively how this works. You might want to read the article in New York Jurisprudence on Bailments. You can find NY Jurisprudence in many libraries.)

The sign is required by the insurance company, because most people pay attention to signs even when they are lies. And insurance companies are merchants of lies, thievery and cheating.

I would unhesitatingly sue the garage unless my car was covered by collision/comp, in which case I would get my insurance to pay for the repair and let the insurance company sue the garage.

Read more
Answered on 7/21/08, 2:55 pm


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