Legal Question in Business Law in Kentucky

Disclaimers

When a valet service parks your car and the only two people in your car was yourself and the valet and money is missing in your car,Does the disclaimers on the back of your ticket stating there not responsible for theft and car damage. Is there anything I can do about this?


Asked on 2/21/07, 5:09 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Disclaimers

There are arguments that can be made to make the disclaimer ineffective. One is "respondeat superior" which is fancy way of saying that the company is responsible for the actions of the employee.

The more important question is to ask whether the expense of pursuing any claim is worth it. This depends on how much money was taken and what proof you have to offer regarding the amount stolen and regarding who did the taking. Then you have to discount the value of what was taken by the percentage chance that you would lose the suit.

Unless a big amount was taken, the best approach is to file a report with the police, with the company, and then see if your car insurance might cover the loss.

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Answered on 2/22/07, 10:51 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Disclaimers

This is difficult. You would have to prove that the money is there and then get over the disclaimer. But they do have to be responsible for their employee actions intentional acts. They cannot disclaim that. They can avoid responsabilty if someone else breaks into the car.

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Answered on 2/21/07, 8:09 pm


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