Are Parking Garages really Liable for damages they caused?

When you park your car in a garage, there are a number of factors, which determine the garage’s liability. If there is a bailment made, the garage holds more responsibility for your car. A bailment is a temporary transfer of property to another for a limited time and for a specific purpose.  The transfer of property in a bailment is only in regards to possession, not ownership.  For cars, you turn over possession and care over to the lot, for example by giving a valet your car key.  If you store your car in a lot for a prolonged period, but you maintain possession by keeping the keys or you pay a fee to park and retrieve your car on your own, you are likely not in a bailment situation. 

Some indications of bailment include:
You intended to transfer possession to the lot.
The lot is enclosed.
The lot issues a claim ticket that identifies your car, not just one with the time of entry stamped on it.
An attendant parks the car.
You do not retain the keys.

If you are in a bailment situation, the lot owner has a duty to exercise reasonable care in safeguarding your vehicle.  The owner would be liable if your windshield gets broken, someone crashes your car, some steals your car, or someone breaks into your car and the lot owner was not exercising reasonable care.  For example, the lot owner cannot leave the keys in car and then not guard the car at all, leave windows open, or deliver the car to the wrong person. 

Some factors that determine reasonable care include:
How many attendants are on duty.
How able are the attendants to observe the people and cars in the garage.
Whether or not there are fences or barriers.
How competent the attendants are.
How foreseeable was the harm that occurred.

***IMPORTANT***
A lot of garages and parking lot operators attempt to disclaim their liability for loss or damage to your car and its contents.  They may be printed on your parking ticket or posted on a sign.  However, some courts say that such disclaimers are not valid if the customer has no knowledge of them when he parks.  Also, the lot cannot disclaim its own negligence.  Additionally, if an employee on duty ends up damaging your car while doing something beyond the scope of his employment, the operator cannot disclaim this and is liable for damages.

Taking the proper precautions when parking your car in a garage!

What do I do if my car gets damaged in a Parking Garage?

Parallel & Street Parking Tips

What do those tiny and confusing street signs really mean?

Useful Links
http://www.ci.nyc.ny.us/html/dot/html/motorist/parking/prkintro.html
http://www.ci.nyc.ny.us/consumers - NYC Dept of Consumer Affairs
http://www.bbb.com -Check the status of a parking garage for complaint history
http://www.nyc.gov/nypd - If you have to file a complaint or get copy of accident record

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