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Company liability.....?

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  • 12-02-2003 11:47am
    #1
    Dr. Dre
    Registered Users Posts: 1,711 ✭✭✭


    Over the last few months we have had a few instances whereby various employees cars have been vandalised whilst in the company car park. When the owners inform the company, they pretty much wash their hands of it and don't want to know.
    They have now erected signs spelling out this policy "cars left at owners risk etc.." and "not responsible for slips/falls/trips etc.."

    My questions are;

    1 Are these signs legally binding (so-to-speak) ?
    2 Could the company be liable for any damage/accidents like this ?
    3 Would it make a difference if it was a privately owned premises or one of a number in an IDA estate ?

    Cheers all.


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    #2
    mayhem#
    Registered Users Posts: 2,051 ✭✭✭mayhem#


    The signs have no legal status what-so-ever.
    It's all down to the letter of the law, if that says that the company is liable, they can put as many signs up as they want and it wouldn't make a damn difference...

    E.


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    #3
    Victor
    Registered Users Posts: 78,370 ✭✭✭✭Victor


    Originally posted by mayhem#
    It's all down to the letter of the law, if that says that the company is liable,
    The big word there is "if". It is permissable to exclude liability for damage / theft of property left on someone else's premises - it is for the owner of the property to insure it. That said, the occupier can't go around wilfully damaging property.

    Aer Rianta is not liable for cars left in it's car park - there is case law for this.

    However, the Occupiers' Liability Act 1995 http://193.120.124.98/ZZA10Y1995.html imposes certain minimum requirements on occupiers, in particular when there are known (to the occupier) hazards.

    I don't think the IDA reference is relevant as it is the occupier, not the owner who is responsible. If the car is in a common car park, it is for the occupier of the car park.


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