Tesco car parks/mobility car

DCFC79

dacouch wrote: »

The signs have no legal standing, you cannot put up a disclaimer and waive your legal obligations. If you are legally liable you are legally liable.

its what i was told when my car was damaged by thieves in a supermarket car park, they wouldnt do anything as i parked there at my own risk, you an expert in legal issues, you care to link to something that backs up your claim

Willsnarf1983

DCFC79 wrote: »

its what i was told when my car was damaged by thieves in a supermarket car park, they wouldnt do anything as i parked there at my own risk, you an expert in legal issues, you care to link to something that backs up your claim

ur car getting damaged by thieves is not a supermarkets respsonisbility but if a trolley collector had damaged your car then they would most likely be responsible IMO

Will

dacouch

As Willsnarf correctly pointed outed there is little a supermarket can do to prevent car thieves, if their lorry backed into your car in their car park so you think their sign would have any legal standing in that case.

For someone to be legally liable a court would look if it the damage could "Reasonably" be avoided, it's very difficult to prove tescos could reasonably prevent car thieves.

A good example of taking "Reasonable" steps to prevent an accident are the toilets in a Mcdonalds restaurant. They have a form on the door which the cleaners fill out each time the toilets are cleaned. The reason they have these is if someone slipped on urine etc on the floor and tried to sue them they would simply show the physical evidence they have that they had cleaned and inspected the toilets at regular intervals. This would be sufficient to demonstrate they have taken "Reasonable" steps to avoid the slipping hazard (Without the physical completed form the court will not always accept the defence). This means the person who slipped has no case against Mcdonalds.

The signs in Tescos car park come under the unfair contracts clause if you have an accident and they are legally liable.

Imagine if you drove around with signs on your car saying "I accept no liability if I run you over" this would have no influence over the laws of liability