Legal Question in Consumer Law in Spain

Re: Sovereign immunity of municipalities

Yes, but there are three categories of bailees and bailments, and slightly different rules apply. If a bailment is for the benefit of the owner, then the standard of care imposed on the bailee is rather low. If a bailment is for the benefit of the bailee (such as your neighbor borrows your lawn mower purely for his own benefit) than the standard of care is somewhat higher. If the bailment is for mutual benefit, then the standard of care is of a medium level. Here, I think the bailment is for mutual benefit since the parking garage makes money and the car owner benefits as well.

Also, a parking garage is a commercial activity which may modify the analysis of whether the activity comes under the sovereign immunity of the municipal government. However, I don't remember all the rules of sovereign immunity off the top of my head.

Re: Sovereign immunity of municipalities

Hi,

If we're talking about Spain, the answer should be yes if you have paid for the service or the service is included the offer (like the parking of a Shopping Center). This is known in spanisha as a

"contrato de deposito"

Regards,

Ulises Corona