A legal practitioner, Confidence Aribibia, has clarified that the common “Car Parked at Owner’s Risk” sign displayed at banks, shopping malls, churches, and hotels does not automatically shield premises owners from liability if a vehicle is stolen or damaged.
According to her, the presence of the sign alone does not magically absolve property owners of responsibility. Instead, liability depends on the nature of the relationship created when a vehicle owner parks within a premises.
She explained that, in law, such a situation may be interpreted in two ways either as a mere licence to park or as a bailment, where property is handed over into another party’s custody.
Aribibia noted that where parking attendants collect car keys, issue tickets, control entry and exit, or provide security personnel and surveillance systems, the arrangement may go beyond a simple “park at your risk” warning. In such circumstances, the law may deem that the premises owner has assumed a duty of care.
Citing Section 169 of the Evidence Act, she stated that when a person creates a belief about a certain state of affairs and another acts on that belief, the person may be estopped from later denying responsibility.
She also referenced the landmark case of Donoghue v Stevenson, which established the modern principle of duty of care in negligence. Once a duty of care exists, she explained, the premises owner must take reasonable steps to prevent foreseeable harm.
“If a hotel provides security personnel, CCTV cameras, and organized parking, it represents that vehicles parked there are reasonably secure. It cannot later hide behind a small signboard if negligence is established,” She said.
Aribibia further stressed that under general contract principles, exclusion clauses such as “park at your risk” must be clear, properly communicated, and cannot excuse gross negligence or fundamental breach.
According to her, courts typically look beyond the wording of the sign and instead examine whether there was a duty of care, whether negligence occurred, and whether reasonable security measures were in place.
She concluded that the phrase “park at owner’s risk” serves as a warning rather than a blanket legal shield.
“Liability in law is not determined by what is written on cardboard, but by duty, breach, and evidence,” she added.
Credit: Confidence Aribibia
